North Carolina § 96-14 - 12. Limitations on company officers and spouses.

§ 96-14. 12. Limitations on company officers and spouses.

Disqualification for Benefits. - An individual is disqualified for benefits if the Division determines either of the following: The individual is customarily self-employed and can reasonably return to self-employment. The individual or the individual's spouse is unemployed because the individual's ownership share of the employer was voluntarily sold and, at the time of the sale, one or more of the following applied: The employer was a corporation and the individual held five percent (5%) or more of the outstanding shares of the voting stock of the corporation. The employer was a partnership, limited or general, and the individual was a limited or general partner. The employer was a limited liability company and the individual was a member. The employer was a proprietorship, and the individual was the proprietor. Duration of Benefits. - This subsection applies to an individual and the spouse of an individual who is unemployed based on services performed for a corporation in which the individual held five percent (5%) or more of the outstanding shares of the voting stock of the corporation. The maximum number of weeks an individual or an individual's spouse may receive benefits is six weeks. History (2013-2, s. 5; 2013-224, s. 19; 2015-238, s. 2.8(c).) Editor's Note. - Session Laws 2013-2, s. 11, as amended by Session Laws 2013-224, s. 19, provides: "This act becomes effective July 1, 2013. Changes made by this act to unemployment benefits apply to claims for benefits filed on or after June 30, 2013. The requirements of G.S. 96-15(a1) apply to any week of an attached claim filed on or after June 30, 2013. Changes made by this act to require an account balance by an employer that is a governmental entity or a nonprofit organization and that elects to finance benefits by making reimbursable payments in lieu of contributions apply to advance payments payable for calendar quarters beginning on or after July 1, 2013. Changes made by this act to the determination and application of the contribution rate apply to contributions payable for calendar quarters beginning on or after January 1, 2014." Effect of Amendments. - Session Laws 2015-238, s. 2.8(c), effective July 1, 2015, substituted "six weeks" for "limited to the lesser of six weeks or the applicable weeks determined under G.S. 96-14.4" at the end of the second sentence of subsection (b).