{"data":{"id":"us-nc/n.c.-gen.-stat.-36c-8a-1","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 36C-8A-1","heading":"\"Power holder\" defined.","body":"(a)\tFor purposes of this Article:\n(1)\tThe term \"power holder\" means a person described in subdivision (2) of this subsection that under the terms of a trust has the power to take certain actions with respect to a trust and that is not any of the following:\na.\tA trustee.\nb.\tA settlor with a power to direct or consent pursuant to G.S. 36C-8-808.\nc.\tA person in which a donor creates a power of appointment.\nd.\tA person that has authority to consent to the exercise of a power of appointment.\ne.\tA beneficiary with a power over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of the beneficiary or another beneficiary represented by a beneficiary under G.S. 36C-3-301 through G.S. 36C-3-305 with respect to the exercise or nonexercise of the power.\n(2)\tA power holder may be any of the following:\na.\tOne or more individuals.\nb.\tOne or more other persons each of which is qualified to exercise trust powers in this State.\nc.\tAny combination of the persons described in sub-subdivisions a. and b. of this subdivision.\n(b)\tA person is a power holder whether or not the terms of a trust refer to the person as a power holder and, except as otherwise provided in sub-subdivisions (a)(1)b. and e. of this section, whether or not the person is a beneficiary or settlor of the trust. (2012-18, s. 3.4; 2021-85, s. 2(c).)","path":["Chapter 36C. North Carolina Uniform Trust Code.","Article 8A. Powers, Duties, and Liability of a Power Holder Other Than a Trustee; Duty and Liability of a Trustee With Respect to Power Holder's Actions."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_36C/GS_36C-8A-1.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:01:17Z","sha256":"2524a9f4d5c984002637c2e627a64bdf28af1464214768570a856a887e3be035","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-36c-8-818","next":"us-nc/n.c.-gen.-stat.-36c-8a-2"},"notice":"GroundRules: Original legal text. Not legal advice."}