§ 36C-4-405.1. Enforcement of charitable gift or trust. - North Carolina Statutes

§ 36C‑4‑405.1. Enforcement of charitable gift or trust.

(a)        The settlor of acharitable trust, the Attorney General, the district attorney, a beneficiary,or any other interested party may maintain a proceeding to enforce a charitabletrust, including the following:

(1)        A proceeding torequire a trustee to make a selection as may be necessary to establish thecharitable beneficiaries or purposes for which the trust was established, asprovided in subdivisions (d)(1) and (d)(2) of G.S. 36C‑4‑405;

(2)        A proceeding forbreach of fiduciary duty if there is reason to believe that the trust propertyhas been mismanaged through negligence or fraud; and

(3)        A proceeding for anaccounting of the trustee's administration of the trust.

(b)        The donor of acharitable gift, the Attorney General, the district attorney, or any otherinterested party may maintain a proceeding to enforce the gift, including aproceeding to require the recipient of the gift to make a selection as may benecessary to establish the charitable beneficiaries or purposes for which thegift was intended, as provided in subdivisions (d)(1) and (d)(2) of G.S. 36C‑4‑405.(2005‑192,s. 2.)