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N.C. Gen. Stat. § 47C-3-119

Association as trustee

Applied in 1 court decision — leading case 263 N.C. App. 130 - Howe v. Links Club Condo. Ass'n, Inc. (2018)

Most recently applied in 263 N.C. App. 130 - Howe v. Links Club Condo. Ass'n, Inc. (December 2018)

1985 (Reg

With respect to a third person dealing with the association in the association's capacity as a trustee under G.S. 47C-2-118 following termination or G.S. 47C-3-113 for insurance proceeds, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers and a third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as such trustee.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.