AN ACT TO CLARIFY EXISTING LAW REGARDING THE ENFORCEMENT OF FOREIGN-COUNTRY JUDGMENTS. Enacted June 24, 2015. Effective June 24, 2015.
Bill Summaries: S596 PROTECTION AGAINST UNCONST. FOREIGN JUDGMNTS.
Summary date: Jun 29 2015 - View Summary
Summary date: Apr 21 2015 - View Summary
Senate committee substitute makes the following changes to the 1st edition.
Deletes the proposed changes to GS 1C-1852(b).
Amends GS 1C-1853 to prohibit a court from recognizing a foreign country judgment if it was obtained by a foreign government entity to compensate for the expenditure of public funds for government programs (was, if the judgement was for taxes, fines, or other penalty obtained by a foreign government entity to compensate for the expenditure of public funds for government programs).
Instead of declaring specified proceedings in a foreign court to be fundamentally unfair and its judgement repugnant to the state's public policy, requires a court to make those findings.
Summary date: Mar 30 2015 - View Summary
Amends GS 1C-1852 to provide that Article 20, the North Carolina Uniform Foreign-Country Money Judgments Recognition Act, does not apply to a foreign country judgment to the extent that the judgment is for alimony, support, or maintenance in a matrimonial or family matter (was, to the extent that the judgment is for taxes; a fine or other penalty; or for alimony, support, or maintenance in matrimonial or family matters).
Amends GS 1C-1853 to add that a state court must not recognize a foreign country judgment if the judgment was for taxes, a fine, or other penalty obtained by a foreign government entity to compensate for the expenditure of public funds for government programs. Provides that recognition of a foreign country judgment must be denied unless the court determines that recognition would be reasonable when the judgment is based on a foreign statute or rule which, as applied by the foreign court, would have been contrary to either the US or State Constitution had it been applied by a court in this state. Provides that a proceeding in a foreign court is fundamentally unfair and its judgment is repugnant to the public policy of the state, if the action is brought by a foreign government entity based on rules of law adopted for the benefit of the foreign government entity applied ex post facto to conduct of the defendant or if the action imposes liability while requiring individualized proof of each element of the claim for each individual harmed.
Enacts new GS 1C-1860 providing that the provisions of Article 20 are severable.
Applies to recognition of foreign-country judgments on or after the date that the act becomes law regardless of when the judgment was entered.