§ 36C-4-405. Charitable purposes. - North Carolina Statutes

§ 36C‑4‑405. Charitable purposes.

(a)        A charitable trustmay be created for the relief of poverty, the advancement of education orreligion, the promotion of health, scientific, benevolent, literary,governmental, or municipal purposes, or other purposes the achievement of whichis beneficial to the community.

(b)        It is the policy ofthe State that a gift for charitable purposes, whether in trust or otherwise,is valid, notwithstanding the fact that the gift is made in general terms, andthis section shall be construed liberally to effect this policy.

(c)        No gift forcharitable purposes, whether in trust or otherwise, is void or invalid because:

(1)        The gift is ingeneral terms or is uncertain as to the specific charitable purposes;

(2)        When the gift is madein trust, the trustee is granted discretionary powers in the selection anddesignation of the beneficiaries of that charitable trust or in carrying outthe purpose of that trust;

(3)        The trustee or otherrecipient of the gift is given no specific instructions, powers, or duties asto the manner or means of carrying out those charitable purposes; or

(4)        The gift contravenesany statute or rule against perpetuities.

(d)        When any gift ismade in general terms, the trustee or other recipient of the gift may:

(1)        Select from time totime one or more specific charitable beneficiaries or purposes for which anytrust or property or income is held and administered; and

(2)        Determine the meansto accomplish those charitable purposes, unless otherwise provided, includingthe creation of corporations or other legal entities for those purposes.

(e)        For purposes ofthis section, the reference to a "gift" includes both inter vivos andtestamentary gifts, grants, and other transfers. (2005‑192, s. 2.)