Article 2.
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/nc/chapter-31d/2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Article 2.
Creation, Revocation, and Amendment of Power of Appointment.
§ 31D-2-201. Creation of power of appointment.
(a)A power of appointment is created only if all of the following apply:
(1)The instrument creating the power is valid under applicable law.
(2)Repealed by Session Laws 2021-53, s. 4.1, effective June 25, 2021.
(3)The terms of the instrument creating the power manifest the donor's intent to create in a power holder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
(b)Repealed by Session Laws 2021-53, s. 4.1, effective June 25, 2021.
(c)A power of appointment may not be created in a deceased individual.
(d)Subject to an applicable rule against perpetuities or restraint on alienation, a power of appointment may be created in an unborn or unascertained power holder. (2015-205, s. 3(a); 2021-53, s. 4.1.)