N.C. Gen. Stat. » Chapter 147
NC General Statutes

N.C. Gen. Stat. § 147-76.1 (2026)

Require deposit into the State treasury of funds received by the State

✓ current as of July 2026
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(a) Definition. - For purposes of this section, the term "cash gift or donation" means any funds provided, without valuable consideration, to the State, for use by the State, or for the benefit of the State.

(b) Requirement. - Except as otherwise specifically provided by law, all funds received by the State, including cash gifts and donations, shall be deposited into the State treasury. Nothing in this subsection shall be construed as exempting from the requirement set forth in this subsection funds received by a State officer or employee acting on behalf of the State.

(c) Terms Binding. - Except as otherwise provided by subsection (b) of this section, the terms of an instrument evidencing a cash gift or donation are a binding obligation of the State. Nothing in this section shall be construed to supersede, or authorize a deviation from the terms of an instrument evidencing a gift or donation setting forth the purpose for which the funds may be used.  (2019-250, s. 5.7(a); 2025-6, s. 1.1(5).)

 

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 2020–2026 · leading case: New Hanover Cnty. Bd. of Educ. v. Stein (N.C. 2022).
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New Hanover Cnty. Bd. of Educ. v. Stein (N.C. 2022). · cites it 119× “As a result, the determinative issue before this Court at this point is whether the Board of Education’s amended complaint suffices to support a claim pursuant to N.C.G.S. § 147-76.1. After careful consideration of the record in light of the applicable law, we reverse the…”
New Hanover Cnty. Bd. of Educ. v. Stein (N.C. 2022). · cites it 119× “As a result, the determinative issue before this Court at this point is whether the Board of Education’s amended complaint suffices to support a claim pursuant to N.C.G.S. § 147-76.1. After careful consideration of the record in light of the applicable law, we reverse the…”
New Hanover Cnty. Bd. of Educ. v. Stein (N.C. 2022). · cites it 119× “As a result, the determinative issue before this Court at this point is whether the Board of Education’s amended complaint suffices to support a claim pursuant to N.C.G.S. § 147-76.1. After careful consideration of the record in light of the applicable law, we reverse the…”
De Luca v. Stein (N.C. Ct. App. 2020). · cites it 26× “” N.C. Gen. Stat. § 147-76.1 . The Attorney General agrees he “accepts the funds [from the Companies] on behalf of the State.”
New Hanover Cty. Bd. of Educ. v. Stein (N.C. 2020). · cites it 18× “1(b), and that, “[e]xcept as otherwise provided by subsection (b) of this section, the terms of an instrument evidencing a cash gift or donation are a binding obligation of the State[, with] [n]othing in this section [to] be construed to supersede, or authorize a deviation from…”
New Hanover Cty. Bd. of Educ. v. Stein (N.C. 2020). · cites it 18× “1(b), and that, “[e]xcept as otherwise provided by subsection (b) of this section, the terms of an instrument evidencing a cash gift or donation are a binding obligation of the State[, with] [n]othing in this section [to] be construed to supersede, or authorize a deviation from…”
Randolph Cnty. Bd. of Educ. v. Stein (N.C. Ct. App. 2026). · cites it 4× “” N.C. Gen. Stat. § 147-76.1 (b) (2019). The statute further provides that “the terms of an instrument evidencing a cash gift or donation are a binding obligation of the State” and that “[n]othing in this section shall be construed to supersede, or authorize a deviation from the…”
— N.C. Gen. Stat. § 147-76.1(b) — 5 cases
New Hanover Cnty. Bd. of Educ. v. Stein (N.C. 2022). “As a result, the determinative issue before this Court at this point is whether the Board of Education’s amended complaint suffices to support a claim pursuant to N.C.G.S. § 147-76.1. After careful consideration of the record in light of the applicable law, we reverse the…”
New Hanover Cnty. Bd. of Educ. v. Stein (N.C. 2022). “As a result, the determinative issue before this Court at this point is whether the Board of Education’s amended complaint suffices to support a claim pursuant to N.C.G.S. § 147-76.1. After careful consideration of the record in light of the applicable law, we reverse the…”
New Hanover Cnty. Bd. of Educ. v. Stein (N.C. 2022). “As a result, the determinative issue before this Court at this point is whether the Board of Education’s amended complaint suffices to support a claim pursuant to N.C.G.S. § 147-76.1. After careful consideration of the record in light of the applicable law, we reverse the…”
New Hanover Cty. Bd. of Educ. v. Stein (N.C. 2020). “1(b), and that, “[e]xcept as otherwise provided by subsection (b) of this section, the terms of an instrument evidencing a cash gift or donation are a binding obligation of the State[, with] [n]othing in this section [to] be construed to supersede, or authorize a deviation from…”
New Hanover Cty. Bd. of Educ. v. Stein (N.C. 2020). “1(b), and that, “[e]xcept as otherwise provided by subsection (b) of this section, the terms of an instrument evidencing a cash gift or donation are a binding obligation of the State[, with] [n]othing in this section [to] be construed to supersede, or authorize a deviation from…”
— N.C. Gen. Stat. § 147-76.1(c) — 5 cases
New Hanover Cnty. Bd. of Educ. v. Stein (N.C. 2022). “As a result, the determinative issue before this Court at this point is whether the Board of Education’s amended complaint suffices to support a claim pursuant to N.C.G.S. § 147-76.1. After careful consideration of the record in light of the applicable law, we reverse the…”
New Hanover Cnty. Bd. of Educ. v. Stein (N.C. 2022). “As a result, the determinative issue before this Court at this point is whether the Board of Education’s amended complaint suffices to support a claim pursuant to N.C.G.S. § 147-76.1. After careful consideration of the record in light of the applicable law, we reverse the…”
New Hanover Cnty. Bd. of Educ. v. Stein (N.C. 2022). “As a result, the determinative issue before this Court at this point is whether the Board of Education’s amended complaint suffices to support a claim pursuant to N.C.G.S. § 147-76.1. After careful consideration of the record in light of the applicable law, we reverse the…”
New Hanover Cty. Bd. of Educ. v. Stein (N.C. 2020). “1(b), and that, “[e]xcept as otherwise provided by subsection (b) of this section, the terms of an instrument evidencing a cash gift or donation are a binding obligation of the State[, with] [n]othing in this section [to] be construed to supersede, or authorize a deviation from…”
New Hanover Cty. Bd. of Educ. v. Stein (N.C. 2020). “1(b), and that, “[e]xcept as otherwise provided by subsection (b) of this section, the terms of an instrument evidencing a cash gift or donation are a binding obligation of the State[, with] [n]othing in this section [to] be construed to supersede, or authorize a deviation from…”
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