CHARITABLE ORGS. PRIVACY PROTECTION ACT. (NEW)

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View NCGA Bill Details2025-2026 Session
Senate Bill 675 (Public) Filed Tuesday, March 25, 2025
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.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Jul 1 2026)

SOG comments (1):

Long title change

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.

Bill History:

S 675

Bill Summaries:

  • Summary date: Jun 24 2026 - View Summary

    House committee substitute to the 3rd edition makes the following changes.

    Amends proposed GS 41-53.2 as follows. Amends the description of a charitable organization that is a beneficiary of an interest in property who may deliver an affidavit to the holder of the property to obtain the property or information on the property to now require that it be incorporated in North Carolina or in another state having a valid certificate of authority in North Carolina, in addition to being exempt under section 501(c)(3) of the Internal Revenue Code. No longer allows the affidavit to be delivered to a person with information about the property, limiting delivery to the holder of the property. Makes conforming changes to GS 41-53.3 and GS 41-53.4 by also removing inclusion of a person with information about the property. Further amends the statute by amending what must be included with the affidavit to include a certified copy of the death certificate of the decedent (was, death certificate of the decedent, probate notice published by the personal representative of the decedent’s estate, or proof of payment of the decedent’s funeral expenses) as verification of the decedent’s death.

    Amends GS 41-53.3, which concerns the transfer of the property, by adding that compliance with the statute is not required if it would cause a property holder to violate the law; however, (1) a violation of an internal policy or guideline of the property holder does not excuse compliance unless the policy or guideline is expressly required by federal or state law; (2) if compliance with this statute would cause a violation, the property holder must not seek any personal information from any individual employed by or serving on the board of directors of the charitable organization that is not expressly required by federal or state law; (3) if compliance with this statute would cause a violation, the property holder must give written notice that includes the specified information about the legal authority for the noncompliance to the charitable organization within 30 days; and (4) a property holder that originates or transfers securities in reliance on documentation that complies with this statute must be discharged from all claims to the security by the estate, creditors, heirs, or devisees of a deceased owner.

    Amends GS 41-53.4, concerning enforcement, to allow the charitable organization to bring an action to compel delivery against a property holder that refuses to provide the requested property or information within 60 (was, 30) days after delivery of the affidavit and accompanying documents; makes a conforming change. Adds that if a charitable organization receives designated benefits for which it is liable under GS 30-15 (setting out when the surviving spouse of a decedent is entitled to receive an allowance), the charitable organization must return to the donor's estate a portion or all of the designated benefits in order to satisfy the allowed claims, statutory allowances, or unsatisfied balance of the elective share or supplemental elective-share claim within 60 days after receiving written notice. Requires a charitable organization that fails to comply to pay statutory interest to the donor's estate for each day the unreturned amount remains outstanding.


  • Summary date: Jun 16 2026 - View Summary

    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.

     


  • 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.


  • 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.