North Carolina General Assembly
NC General Statutes
Chapter 31D - North Carolina Uniform Powers of Appointment Act.
The Statutes on the North Carolina General Assembly website reflect changes made in the
legislative session, through 7/30/2016.
General Provisions and Definitions.
§ 31D-1-101. Short title.
§ 31D-1-102. Definitions.
§ 31D-1-103. Governing law.
§ 31D-1-104. Common law and principles of equity.
Creation, Revocation, and Amendment of Power of Appointment.
§ 31D-2-201. Creation of power of appointment.
§ 31D-2-202. Nontransferability.
§ 31D-2-203. Presumption of unlimited authority.
§ 31D-2-204. Exception to presumption of unlimited authority.
§ 31D-2-205. Rules of classification.
§ 31D-2-206. Power to revoke or amend.
Exercise of Power of Appointment.
§ 31D-3-301. Requisites for exercise of power of appointment.
§ 31D-3-302. Intent to exercise; determining intent from residuary clause.
§ 31D-3-303. Intent to exercise after-acquired power.
§ 31D-3-304. Substantial compliance with donor-imposed formal requirement.
§ 31D-3-305. Permissible appointment.
§ 31D-3-306. Appointment to deceased appointee.
§ 31D-3-307. Impermissible appointment.
§ 31D-3-308. Selective allocation doctrine.
§ 31D-3-309. Capture doctrine; disposition of ineffectively appointed property under general power.
§ 31D-3-310. Disposition of unappointed property under released or unexercised general power.
§ 31D-3-311. Disposition of unappointed property under released or unexercised nongeneral power.
§ 31D-3-312. Disposition of unappointed property if partial appointment to taker in default.
§ 31D-3-313. Appointment to taker in default.
§ 31D-3-314. Power holder's authority to revoke or amend exercise.
Disclaimer or Release; Contract to Appoint or Not to Appoint.
§ 31D-4-401. Disclaimer.
§ 31D-4-402. Authority to release.
§ 31D-4-403. Method of release.
§ 31D-4-404. Revocation or amendment of release.
§ 31D-4-405. Power to contract; presently exercisable power of appointment.
§ 31D-4-406. Power to contract; power of appointment not presently exercisable.
§ 31D-4-407. Remedy for breach of contract to appoint or not to appoint.
Rights of Power Holder's Creditors in Appointive Property.
§ 31D-5-501. Creditor claim; general power created by power holder.
§ 31D-5-502. Creditor claim; general power not created by power holder.
§ 31D-5-503. Power to withdraw.
§ 31D-5-504. Creditor claim; nongeneral power.
§ 31D-6-601. Uniformity of application and construction.
§ 31D-6-602. Relation to Electronic Signatures in Global and National Commerce Act.
§ 31D-6-603. Application to existing relationships.