US Laws, Codes, Statutes & Cases

Article 3.

Representation.

§ 36C‑3‑301.  Representation: basic effect.

(a)       Notice to a person who may represent and bind another person under this Article has the same effect as if notice were given directly to the other person.

(b)       The consent of a person who may represent and bind another person under this Article is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.

(c)       Except as otherwise provided in G.S. 36C‑4‑411 and G.S. 36C‑6‑602, a person who under this Article may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.

(d)       A settlor may not represent and bind a beneficiary under this Article with respect to the termination or modification of trust under G.S. 36C‑4‑411(a). (2005‑192, s. 2.)