North Carolina § 32-55 - Notice.

§ 32-55. Notice.

If the terms of the trust do not specify the trustee's compensation, the trustee may, in the trustee's discretion, give written notice to all qualified beneficiaries of each proposed payment of compensation if the annual amount of compensation exceeds four-tenths of one percent (4/10 of 1%) of the principal value of the assets of the trust on the last day of the trust accounting year. In lieu of giving written notice of each proposed payment of compensation under subsection (a) of this section, the trustee may give written notice to all qualified beneficiaries of the amount of compensation to be paid to the trustee on a periodic basis or of the method of computation of the compensation. The trustee shall not be required to give additional notice to the qualified beneficiaries unless the amount to be paid to the trustee on a periodic basis or the method of computation of the compensation changes. If a qualified beneficiary is under a legal disability, notice shall be given to the representative of the beneficiary. If a representative of a qualified beneficiary is not available without court order, notice shall be deemed given under this section if there is at least (i) one qualified beneficiary described in G.S. 36C-1-103(15) a. or b. who is not under a legal disability or a representative of a qualified beneficiary so described; and (ii) one qualified beneficiary described in G.S. 36C-1-103(15)c. who is not under a legal disability or a representative of a qualified beneficiary so described. The notice provided for in this section shall contain a statement that the qualified beneficiaries or their representatives to whom the notice is given have 20 days from when notice is given to file a proceeding for review of the reasonableness of the compensation with the clerk of superior court in accordance with Article 2 of Chapter 36C of the General Statutes. The provisions of G.S. 36C-1-109 regarding notices to persons under Chapter 36C of the General Statutes shall apply for purposes of notices under this Article. History (2004-139, s. 2; 2006-259, s. 13(m); 2007-106, s. 39; 2011-339, s. 1.) Editor's Note. - Session Laws 2011-339, s. 1, which deleted the last sentence in subsection (a), and added subsection (c1), was applicable to all trusts created before, on, or after October 1, 2011. Effect of Amendments. - Session Laws 2006-259, s. 13(m), effective October 1, 2006, substituted "Article 2 of Chapter 36C " for "Article 3 of Chapter 36A " in subsection (a). Session Laws 2007-106, s. 39, effective October 1, 2007, inserted "qualified" throughout in subsections (a) and (b); in subsection (a), substituted "If the terms of the trust do not specify the trustee's compensation, the trustee may, in the trustee's discretion" for "The trustee shall"; and rewrote subsections (c) and (d). Session Laws 2011-339, s. 1, effective October 1, 2011, and applicable to all trusts created before, on, or after that date, deleted the last sentence in subsection (a), which read: "The notice shall contain a statement that the qualified beneficiaries have 20 days from when notice is given to file a proceeding for review of the reasonableness of the compensation with the clerk of the superior court in accordance with Article 2 of Chapter 36C of the General Statutes"; and added subsection (c1).