Bill Text: NC S746 | 2013-2014 | Regular Session | Amended
Bill Title: Conform Pledge of Joint Account Laws
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-15 - Ref To Com On Judiciary I [S746 Detail]
Download: North_Carolina-2013-S746-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 1
SENATE BILL 746*
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Short Title: Conform Pledge of Joint Account Laws. |
(Public) |
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Sponsors: |
Senator Hartsell (Primary Sponsor). |
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Referred to: |
Judiciary I. |
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May 15, 2014
A BILL TO BE ENTITLED
AN ACT to conform the law governing the pledge of joint accounts in credit unions, savings and loan associations, and savings banks to the law governing the pledge of joint accounts in banks, as recommended by the General Statutes commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 54‑109.58(d) reads as rewritten:
"(d) A pledge of such account by any holder or
holders shall, unless otherwise specifically agreed upon, be a valid pledge and
transfer of such account, or of the amount so pledged, and shall not operate to
sever or terminate the joint ownership of all or any part of the account.A
pledge of a joint account by any one or more of the joint tenants, unless
otherwise specifically agreed between the credit union and all joint tenants in
writing, shall be a valid pledge and transfer of the account or of the amount
so pledged, shall be binding upon all joint tenants, shall not operate to sever
or terminate the joint ownership of all or any part of the account, and shall
survive the death of any joint tenant."
SECTION 2. G.S. 54B‑129(a) reads as rewritten:
"(a) Any two or more persons may open or hold a
withdrawable account or accounts. The withdrawable account and any balance
thereof shall be held by them as joint tenants, with or without right of
survivorship, as the contract shall provide; the account may also be held
pursuant to G.S. 41‑2.1 and have incidents set forth in that
section, provided, however, if the account is held pursuant to G.S. 41‑2.1
the contract shall set forth that fact as well. Unless the persons establishing
the account have agreed with the association that withdrawals require more than
one signature, payment by the association to, or on the order of, any persons
holding an account authorized by this section shall be a total discharge of the
association's obligation as to the amount so paid. Funds in a joint account
established with right of survivorship shall belong to the surviving joint
tenant or tenants upon the death of a joint tenant, and the funds shall be
subject only to the personal representative's right of collection as set forth
in G.S. 28A‑15‑10(a)(3), or as provided in G.S. 41‑2.1
if the account is established pursuant to the provisions of that section.
Payment by the association of funds in the joint account to a surviving joint
tenant or tenants shall terminate the personal representative's authority under
G.S. 28A‑15‑10(a)(3) to collect against the association for
the funds so paid, but the personal representative's authority to collect such
funds from the surviving joint tenant or tenants is not terminated. A pledge
of such account by any holder or holders shall, unless otherwise specifically
agreed upon, be a valid pledge and transfer of such account, or of the amount
so pledged, and shall not operate to sever or terminate the joint ownership of
all or any part of the account. A pledge of a joint account by any one
or more of the joint tenants, unless otherwise specifically agreed between the association
and all joint tenants in writing, shall be a valid pledge and transfer of the account
or of the amount so pledged, shall be binding upon all joint tenants, shall not
operate to sever or terminate the joint ownership of all or any part of the
account, and shall survive the death of any joint tenant.Persons
Persons establishing an account under this section shall sign a statement showing their election of the right of survivorship in the account, and containing language set forth in a conspicuous manner and substantially similar to the following:
"SAVINGS AND LOAN (or name of institution)
JOINT ACCOUNT WITH RIGHT OF SURVIVORSHIP
G.S. 54B‑129
We understand that by establishing a joint account under the provisions of North Carolina General Statute 54B‑129 that:
1. The savings and loan association (or name of institution) may pay the money in the account to, or on the order of, any person named in the account unless we have agreed with the association that withdrawals require more than one signature; and
2. Upon the death of one joint owner the money remaining in the account will belong to the surviving joint owners and will not pass by inheritance to the heirs of the deceased joint owner or be controlled by the deceased joint owner's will.
We DO elect to create the right of survivorship in this account.
______________________________
______________________________ ""
SECTION 3. G.S. 54C‑165(a) reads as rewritten:
"(a) Any two or more persons may open or hold a
withdrawable account or accounts. The withdrawable account and any balance of
the account is held by them as joint tenants, with or without right of
survivorship, as the contract shall provide. The account may also be held under
G.S. 41‑2.1 and have incidents set forth in that section, but if the
account is held under G.S. 41‑2.1, the contract shall set forth that
fact as well. Unless the persons establishing the account have agreed with the
savings bank that withdrawals require more than one signature, payment by the
savings bank to, or on the order of, any persons holding an account authorized
by this section is a total discharge of the savings bank's obligation as to the
amount so paid. Funds in a joint account established with the right of
survivorship shall belong to the surviving joint tenant or tenants upon the
death of a joint tenant, and the funds are subject only to the personal
representative's right of collection as set forth in G.S. 28A‑15‑10(a)(3),
or as provided in G.S. 41‑2.1 if the account is established under
that section. Payment by the savings bank of funds in the joint account to a
surviving joint tenant or tenants shall terminate the personal representative's
authority under G.S. 28A‑15‑10(a)(3) to collect against the
savings bank for the funds so paid, but the personal representative's authority
to collect the funds from the surviving joint tenant or tenants is not
terminated. A pledge of the account by a holder shall, unless otherwise
specifically agreed upon, be a valid pledge and transfer of the account, or of
the amount so pledged, and shall not operate to sever or terminate the joint
ownership of all or any part of the account. A pledge of a joint account
by any one or more of the joint tenants, unless otherwise specifically agreed
between the savings bank and all joint tenants in writing, shall be a valid
pledge and transfer of the account or of the amount so pledged, shall be
binding upon all joint tenants, shall not operate to sever or terminate the
joint ownership of all or any part of the account, and shall survive the death
of any joint tenant.Persons
Persons establishing an account under this section shall sign a statement showing their election of the right of survivorship in the account, and containing language set forth in a conspicuous manner and substantially similar to the following:
"SAVINGS BANK (or name of institution) JOINT ACCOUNT
WITH RIGHT OF SURVIVORSHIP
G.S. 54C‑165
We understand that by establishing a joint account under G.S. 54C‑165 that:
1. The savings bank (or name of institution) may pay the money in the account to, or on the order of, any person named in the account unless we have agreed with the savings bank that withdrawals require more than one signature; and
2. Upon the death of one joint owner the money remaining in the account will belong to the surviving joint owners and will not pass by inheritance to the heirs of the deceased joint owner or be controlled by the deceased joint owner's will.
We DO elect to create the right of survivorship in this account.
__________________________________________
__________________________________________ ""
SECTION 4. This act is effective when it becomes law and applies to joint accounts created before, on, or after that date.
