{"data":{"id":"us-nc/n.c.-gen.-stat.-55a-8-60","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 55A-8-60","heading":"Immunity.","body":"(a)\tIn addition to the immunity that is authorized in G.S. 55A-2-02(b)(4), a person serving as a director or officer of a nonprofit corporation shall be immune individually from civil liability for monetary damages, except to the extent covered by insurance, for any act or failure to act arising out of this service, except where the person:\n(1)\tIs compensated for his services beyond reimbursement for expenses;\n(2)\tWas not acting within the scope of his official duties;\n(3)\tWas not acting in good faith;\n(4)\tCommitted gross negligence or willful or wanton misconduct that resulted in the damage or injury;\n(5)\tDerived an improper personal financial benefit from the transaction;\n(6)\tIncurred the liability from the operation of a motor vehicle; or\n(7)\tIs a defendant in an action brought under G.S. 55A-8-33.\nThe immunity in this subsection may be limited or eliminated by a provision in the articles of incorporation, but only with respect to acts or omissions occurring on or after the effective date of such provision.\n(b)\tThe immunity in subsection (a) of this section is personal to the directors and officers, and does not immunize the corporation against liability for the acts or omissions of the directors or officers.\n(c)\tWithout diminishing the applicability of any other provisions of this Chapter, \"nonprofit corporation\" as referred to in this section shall include any credit union chartered under the laws of this State, the laws of any other state, or under the laws of the United States. (1987, c. 799, s. 3; 1989, c. 472; 1993, c. 398, s. 1.)","path":["Chapter 55A North Carolina Nonprofit Corporation Act.","Article 8. Directors and Officers.","Part 6. Immunity."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_55A/GS_55A-8-60.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:06:02Z","sha256":"b85c8bb687e0112b4c70ba6f7736e852cc8a7975979ef633d6d84926e9696c26","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-55a-8-59","next":"us-nc/n.c.-gen.-stat.-55a-10-01"},"notice":"GroundRules: Original legal text. Not legal advice."}
