US Laws, Codes, Statutes & Cases

§ 36C‑1‑111.  Nonjudicial settlement agreements.

(a)       For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.

(b)       Interested persons may enter into a binding nonjudicial settlement agreement with respect to any of the following matters involving a trust:

(1)       The approval of a trustee's report or accounting;

(2)       Direction to a trustee to perform or refrain from performing a particular administrative act or the grant to a trustee of any necessary or desirable administrative power, including a power granted under G.S. 36C‑8‑816;

(3)       The resignation or appointment of a trustee and the determination of a trustee's compensation;

(4)       Transfer of a trust's principal place of administration; and

(5)       Liability of a trustee for any action taken under subdivisions (1) through (4) of this subsection.

(c)       A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this Chapter or other applicable law.

(d)       Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in Article 3 of this Chapter was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved. (2005‑192, s. 2.)