North Carolina General Statutes
Chapter 31D - North Carolina Uniform Powers of Appointment Act

Article 1 - General Provisions and Definitions.

§ 31D-1-101 - Short title. - 31D-1-101. Short title. This Chapter may be cited as the...

§ 31D-1-102 - Definitions. - 31D-1-102. Definitions. The following definitions apply in this Chapter: (1)...

§ 31D-1-103 - Governing law. - 31D-1-103. Governing law. (a) The creation, revocation, or amendment of...

§ 31D-1-104 - Common law and principles of equity. - 31D-1-104. Common law and principles of equity. The common law...

Article 2 - Creation, Revocation, and Amendment of Power of Appointment.

§ 31D-2-201 - Creation of power of appointment. - 31D-2-201. Creation of power of appointment. (a) A power of...

§ 31D-2-202 - Nontransferability. - 31D-2-202. Nontransferability. A power holder may not transfer a power...

§ 31D-2-203 - Presumption of unlimited authority. - 31D-2-203. Presumption of unlimited authority. Subject to the provisions of...

§ 31D-2-204 - Exception to presumption of unlimited authority. - 31D-2-204. Exception to presumption of unlimited authority. Unless the terms...

§ 31D-2-205 - Rules of classification. - 31D-2-205. Rules of classification. (a) In this section, the term...

§ 31D-2-206 - Power to revoke or amend. - 31D-2-206. Power to revoke or amend. A donor may revoke...

Article 3 - Exercise of Power of Appointment.

§ 31D-3-301 - Requisites for exercise of power of appointment. - 31D-3-301. Requisites for exercise of power of appointment. A power...

§ 31D-3-302 - Intent to exercise; determining intent from residuary clause. - 31D-3-302. Intent to exercise; determining intent from residuary clause. A...

§ 31D-3-303 - Intent to exercise after-acquired power. - 31D-3-303. Intent to exercise after-acquired power. Unless the terms of...

§ 31D-3-304 - Substantial compliance with donor-imposed formal requirement. - 31D-3-304. Substantial compliance with donor-imposed formal requirement. A power holder's...

§ 31D-3-305 - Permissible appointment. - 31D-3-305. Permissible appointment. (a) If a power holder of a...

§ 31D-3-306 - Appointment to deceased appointee. - 31D-3-306. Appointment to deceased appointee. An appointment to a deceased...

§ 31D-3-307 - Impermissible appointment. - 31D-3-307. Impermissible appointment. (a) An exercise of a power of...

§ 31D-3-308 - Selective allocation doctrine. - 31D-3-308. Selective allocation doctrine. If a power holder exercises a...

§ 31D-3-309 - Capture doctrine; disposition of ineffectively appointed property under general power. - 31D-3-309. Capture doctrine; disposition of ineffectively appointed property under general...

§ 31D-3-310 - Disposition of unappointed property under released or unexercised general power. - 31D-3-310. Disposition of unappointed property under released or unexercised general...

§ 31D-3-311 - Disposition of unappointed property under released or unexercised nongeneral power. - 31D-3-311. Disposition of unappointed property under released or unexercised nongeneral...

§ 31D-3-312 - Disposition of unappointed property if partial appointment to taker in default. - 31D-3-312. Disposition of unappointed property if partial appointment to taker...

§ 31D-3-313 - Appointment to taker in default. - 31D-3-313. Appointment to taker in default. If a power holder...

§ 31D-3-314 - Power holder's authority to revoke or amend exercise. - 31D-3-314. Power holder's authority to revoke or amend exercise. If...

Article 4 - Disclaimer or Release; Contract to Appoint or Not to Appoint.

§ 31D-4-401 - Disclaimer. - 31D-4-401. Disclaimer. Consistent with Chapter 31B of the General Statutes:...

§ 31D-4-402 - Authority to release. - 31D-4-402. Authority to release. A power holder may release a...

§ 31D-4-403 - Method of release. - 31D-4-403. Method of release. A power holder of a releasable...

§ 31D-4-403.1 - Necessity for actual notice of release or limitation to bind fiduciary. - 31D-4-403.1. Necessity for actual notice of release or limitation to...

§ 31D-4-404 - Revocation or amendment of release. - 31D-4-404. Revocation or amendment of release. A power holder may...

§ 31D-4-405 - Power to contract; presently exercisable power of appointment. - 31D-4-405. Power to contract; presently exercisable power of appointment. A...

§ 31D-4-406 - Power to contract; power of appointment not presently exercisable. - 31D-4-406. Power to contract; power of appointment not presently exercisable....

§ 31D-4-407 - Remedy for breach of contract to appoint or not to appoint. - 31D-4-407. Remedy for breach of contract to appoint or not...

Article 5 - Rights of Power Holder's Creditors in Appointive Property.

§ 31D-5-501 - Creditor claim; general power created by power holder. - 31D-5-501. Creditor claim; general power created by power holder. (a)...

§ 31D-5-502 - Creditor claim; general power not created by power holder. - 31D-5-502. Creditor claim; general power not created by power holder....

§ 31D-5-503 - Power to withdraw. - 31D-5-503. Power to withdraw. (a) For purposes of this Article,...

§ 31D-5-504 - Creditor claim; nongeneral power. - 31D-5-504. Creditor claim; nongeneral power. (a) Except as otherwise provided...

§ 31D-5-505 - Requisites of release as against creditors and purchasers for value. - 31D-5-505. Requisites of release as against creditors and purchasers for...

Article 6 - Miscellaneous Provisions.

§ 31D-6-601 - Uniformity of application and construction. - 31D-6-601. Uniformity of application and construction. In applying and construing...

§ 31D-6-602 - Relation to Electronic Signatures in Global and National Commerce Act. - 31D-6-602. Relation to Electronic Signatures in Global and National Commerce...

§ 31D-6-603 - Application to existing relationships. - 31D-6-603. Application to existing relationships. (a) Except as otherwise provided...