North Carolina Statutes

Chapter 78C Investment Advisers

Article 1 - Title and Definitions.

  • § 78C-1   Title
    This Chapter shall be known and may be cited as the North Carolina Investment Advisers Act. (1987 (Reg. Sess., 1988), c. 1098, s. 1.)
  • § 78C-2   Definitions
    When used in this Chapter, the definitions of G.S. 78A‑2 shall apply along with the following, unless the context otherwise requires: (1) "Investment adviser" means...
  • § 78C-3 through 78C-7   Reserved for future codification purposes

Article 2 - Fraudulent and Prohibited Practices.

Article 3 - Registration and Notice Filing Procedures of Investment Advisers and Investment Adviser Representatives.

Article 4 - Administration and Review.

  • § 78C-26   Administration of Chapter
    (a) This Chapter shall be administered by the Secretary of State. The Secretary of State as Administrator may delegate all or part of the authority...
  • § 78C-27   Investigations and subpoenas
    (a) The Administrator in his discretion: (1) May make any investigation within or outside of this State as the Administrator deems necessary to determine whether...
  • § 78C-28   Injunctions; cease and desist orders; civil penalties
    (a) Whenever it appears to the Administrator that any person has engaged or is about to engage in any act or practice constituting a violation...
  • § 78C-29   Judicial review of orders
    (a) Any person aggrieved by a final order of the Administrator may obtain a review of the order in the Superior Court of Wake County...
  • § 78C-30   Rules, forms, orders, and hearings
    (a) The Administrator may from time to time make, amend, and rescind such rules, forms, and orders as are necessary to carry out the provisions...
  • § 78C-31   Administrative files and opinions
    (a) A document is filed when it is received by the Administrator. (b) The Administrator shall keep a register of all applications for registration which...
  • § 78C-32 through 78C-37   Reserved for future codification purposes

Article 5 - Civil Liabilities and Criminal Penalties.

  • § 78C-38   Civil liabilities
    (a) Any person who: (1) Engages in the business of advising others, for compensation, either directly or through publications or writings, as to the value...
  • § 78C-39   Criminal penalties
    (a) Any person who willfully violates any provision of this Chapter except G.S. 78C‑8(a)(1), 78C‑8(a)(2), 78C‑8(b), or 78C‑9 is guilty of a Class I felony....
  • § 78C-40   Burden of proof
    In a civil or administrative proceeding brought under this Chapter, the burden of proving an exemption or an exception from a definition is upon the...
  • § 78C-41 through 78C-45   Reserved for future codification purposes

Article 6 - Miscellaneous Provisions.

  • § 78C-46   Scope of the Chapter; service of process
    (a) G.S. 78C‑8, 78C‑16(a) and (b), 78C‑10, and 78C‑38 apply when any act instrumental in effecting prohibited conduct is done in this State, whether or...
  • § 78C-47   Statutory policy
    This Chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it and to...
  • § 78C-48   Severability of provisions
    If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions...
  • § 78C-49 through 78C-59   Reserved for future codification purposes

Article 7 - Sports Agents.

Article 8 - Regulation of Athlete Agents.

Article 9 - Uniform Athlete Agents Act.

  • § 78C-85   Title
    This Article may be cited as the "Uniform Athlete Agents Act". (2003‑375, s. 2.)
  • § 78C-86   Definitions
    The following definitions apply in this Article: (1) Agency contract. An agreement in which a student‑athlete authorizes a person to negotiate or solicit on behalf...
  • § 78C-87   Service of process; subpoenas
    (a) By acting as an athlete agent in this State, a nonresident individual appoints the Secretary of State as the individual's agent for service of...
  • § 78C-88   Athlete agents; registration required; exceptions; void contracts
    (a) Except as otherwise provided in this section, an individual may not act as an athlete agent in this State without holding a certificate of...
  • § 78C-89   Registration as athlete agent; form; requirements
    (a) An individual seeking registration as an athlete agent shall submit an application for registration to the Secretary of State in a form prescribed by...
  • § 78C-90   Certificate of registration; issuance or denial; renewal
    (a) Except as otherwise provided in subsection (b) of this section, the Secretary of State shall issue a certificate of registration to an individual who...
  • § 78C-91   Suspension; revocation; refusal to renew registration
    (a) The Secretary of State may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under G.S....
  • § 78C-92   Temporary registration
    The Secretary of State may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. (2003‑375, s. 2.)
  • § 78C-93   Registration; renewal of fees
    An application for registration or renewal of registration must be accompanied by a fee in the following amount: (1)...... Application for registration............................................................ $200.00 (2)...... Application...
  • § 78C-94   Required form of contract
    (a) An agency contract must be in a record, signed or otherwise authenticated by the parties. (b) An agency contract must state or contain the...
  • § 78C-95   Notice to educational institution
    (a) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student‑athlete may participate, whichever occurs...
  • § 78C-96   Student-athlete's right to cancel
    (a) A student‑athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after...
  • § 78C-97   Required records; waiver of attorney-client privilege
    (a) An athlete agent shall retain the following records for a period of five years: (1) The name and address of each individual represented by...
  • § 78C-98   Prohibited conduct
    (a) An athlete agent, with the intent to induce a student‑athlete to enter into an agency contract, shall not: (1) Give any materially false or...
  • § 78C-99   Criminal penalties
    An athlete agent who violates any provision under G.S. 78C‑98(a) is guilty of a Class I felony. (2003‑375, s. 2.)
  • § 78C-100   Civil remedies
    (a) An educational institution has a right of action against an athlete agent or a former student‑athlete for damages caused by a violation of this...
  • § 78C-101   Administrative penalty
    The Secretary of State may assess a civil penalty against an athlete agent not to exceed twenty‑five thousand dollars ($25,000) for a violation of this...
  • § 78C-102   Uniformity of application and construction
    In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject...
  • § 78C-103   Electronic Signatures in Global and National Commerce Act
    The provisions of this Article governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the...
  • § 78C-104   Severability
    If any provision of this Article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or...
  • § 78C-105   Rules
    The Secretary of State may, in accordance with Chapter 150B of the General Statutes, adopt rules necessary to carry out the provisions of this Article....