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2019 North Carolina General Statutes
Chapter 31D - North Carolina Uniform Powers of Appointment Act
Article 3 - Exercise of Power of Appointment.
§ 31D-3-304 - Substantial compliance with donor-imposed formal requirement.
Universal Citation: NC Gen Stat § 31D-3-304 (2019)
31D-3-304. Substantial compliance with donor-imposed formal requirement.
A power holder's substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if both of the following apply:
(1) The power holder knows of and intends to exercise the power.
(2) The power holder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement.
(2015-205, s. 3(a).)
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