House committee substitute to the 2nd edition rewrites the previous edition as follows. Makes conforming changes to the act’s long and short titles.
Enacts Article 4B, “Transfers on Death to Charitable Organizations,” as part of GS Chapter 41.
Defines beneficiary designation under the article as an instrument or provision in an instrument designating a beneficiary, other than a will or a trust instrument, including but not limited to any of the following:
- an annuity or insurance policy;
- an account with a designation for payment on death;
- a security registered in beneficiary form;
- a pension, profit-sharing, retirement, or other employment-related benefit plan;
- any other nonprobate transfer at death.
Authorizes, in new GS 41-53.2, a 501(c)(3) charitable organization that is a beneficiary of an interest in property created by beneficiary designation, to deliver an affidavit to the holder of the property or to any person with information about the property for the purpose of obtaining the property or information regarding the property. Requires the affidavit to be signed and notarized and to contain the six enumerated pieces of information about the charitable organization, the decedent, the bequeathed property, and a request that the property be transferred to the organization. Requires the affidavit to be accompanied by the listed tax information for the charitable organization, a death certificate or other listed documentation demonstrating the death of the person who made the bequest, and documentation pertaining to the affiant’s authority to act on the charity’s behalf.
Provides for the transfer of such property pursuant to a valid request in GS 41-53.3, including the following: (1) the decedent's property shall be paid, delivered, or transferred to or for the benefit of the charitable organization as requested in the affidavit; (2) the transfer agent of a security described in the affidavit shall change registered ownership from the decedent to or for the benefit of the charitable organization as requested in the affidavit; and (3) the information requested in the affidavit shall be delivered to the organization. Prohibits the holder of the bequest from requesting additional personal information (defined) from any individual employed by or serving on the board of directors of the charitable organization. Exempts persons responding in good faith to an affidavit requesting a charitable bequest under the article from liability to any person for having delivered the property or information requested. Provides for enforceability of liens.
Specifies, in GS 41-53.4 (enforcement), that if a holder of property or person with information about the property refuses to provide the requested property or information within thirty days after delivery of the affidavit and accompanying documents under the article, the charitable organization may, within one year from the thirty-first day following the date of proof of delivery, bring an action against the holder of the property or person with information to compel delivery of the property or information. Provides for damages, costs, penalties, and reasonable attorneys’ fees. Applies to affidavits from charitable organizations delivered on or after the date the act becomes law.
CHARITABLE ORGS. PRIVACY PROTECTION ACT. (NEW)
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| View NCGA Bill Details | 2025-2026 Session |
AN ACT TO ENACT PROVISIONS RELATED TO THE TRANSFER OF PROPERTY WHEN CHARITABLE ORGANIZATIONS ARE NAMED AS BENEFICIARIES OF NONPROBATE ASSETS.Intro. by Craven, Overcash, Blue.
Bill History:
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Tue, 25 Mar 2025 Senate: Filed
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Tue, 25 Mar 2025 Senate: Filed
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Wed, 26 Mar 2025 Senate: Passed 1st Reading
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Wed, 26 Mar 2025 Senate: Ref To Com On Rules and Operations of the Senate
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Wed, 26 Mar 2025 Senate: Passed 1st Reading
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Wed, 26 Mar 2025 Senate: Ref To Com On Rules and Operations of the Senate
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Tue, 1 Apr 2025 Senate: Withdrawn From Com
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Tue, 1 Apr 2025 Senate: Withdrawn From Com
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Tue, 8 Apr 2025 Senate: Reptd Fav Com Substitute
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Tue, 8 Apr 2025 Senate: Com Substitute Adopted
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Tue, 8 Apr 2025 Senate: Re-ref Com On Rules and Operations of the Senate
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Tue, 8 Apr 2025 Senate: Reptd Fav Com Substitute
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Tue, 8 Apr 2025 Senate: Com Substitute Adopted
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Tue, 8 Apr 2025 Senate: Re-ref Com On Rules and Operations of the Senate
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Wed, 9 Apr 2025 Senate: Reptd Fav
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Wed, 9 Apr 2025 Senate: Reptd Fav
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Thu, 10 Apr 2025 Senate: Passed 2nd Reading
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Thu, 10 Apr 2025 Senate: Passed 3rd Reading
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Thu, 10 Apr 2025 Senate: Passed 2nd Reading
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Thu, 10 Apr 2025 Senate: Passed 3rd Reading
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Mon, 14 Apr 2025 Senate: Regular Message Sent To House
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Mon, 14 Apr 2025 House: Regular Message Received From Senate
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Mon, 14 Apr 2025 Senate: Regular Message Sent To House
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Mon, 14 Apr 2025 House: Regular Message Received From Senate
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Tue, 15 Apr 2025 House: Passed 1st Reading
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Tue, 15 Apr 2025 House: Ref To Com On Rules, Calendar, and Operations of the House
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Tue, 15 Apr 2025 House: Passed 1st Reading
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Tue, 15 Apr 2025 House: Ref To Com On Rules, Calendar, and Operations of the House
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Thu, 4 Jun 2026 House: Withdrawn From Com
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Thu, 4 Jun 2026 House: Withdrawn From Com
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Tue, 16 Jun 2026 House: Reptd Fav Com Substitute
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Tue, 16 Jun 2026 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Wed, 17 Jun 2026 House: Reptd Fav
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Wed, 17 Jun 2026 House: Cal Pursuant Rule 36(b)
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Wed, 17 Jun 2026 House: Added to Calendar
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Wed, 17 Jun 2026 House: Passed 2nd Reading
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Wed, 17 Jun 2026 House: Withdrawn From Cal
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Wed, 17 Jun 2026 House: Placed On Cal For 06/23/2026
Bill Summaries:
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Bill S 675 (2025-2026)Summary date: Jun 16 2026 - View Summary
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Bill S 675 (2025-2026)Summary date: Apr 8 2025 - View Summary
Senate committee substitute to the 1st edition makes the following changes.
Amends proposed GS 24-10(g)(2), applicable to loans secured by a second or junior lien, as specified, by adding that the term total loan amount is as defined in GS 24-101E.
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Bill S 675 (2025-2026)Summary date: Mar 31 2025 - View Summary
Current law limits lenders from charging or receiving fees or discounts that total more than 2% in the aggregate on loans that are secured by a second or junior lien on real property. Amends GS 24-10, concerning maximum fees on loans secured by real property, as follows. Notwithstanding any fee limitations set forth in the statute, directs that the 2% limit discussed above does not apply to a loan secured by a second or junior lien on real property by one of the home loan lenders described in GS 24-1.1A so long as the total points and fees charged to the borrower by all lenders in connection with the loan do not exceed the lesser of (i) the amounts specified in 12 C.F.R. § 1026.43(e)(3) (federal truth in lending regulations), or (ii) 3% of the total loan amount. Applies to loans made on or after the act becomes law.
Committee substitute to the 2nd edition changed the long title. Previous title was AN ACT TO MODIFY THE MAXIMUM PERMISSIBLE FEES OR DISCOUNTS THAT CERTAIN LENDERS MAY CHARGE ON SECOND OR JUNIOR LIEN REAL ESTATE LOANS TO ALIGN MORE CLOSELY WITH FEDERAL QUALIFIED MORTGAGE STANDARDS.