§ 7A-100 Election; term of office; oath; vacancy; office and office hours; appointment of acting clerk
§ 7A-101 Compensation
§ 7A-102 Assistant and deputy clerks; appointment; number; salaries; duties
§ 7A-102.1 Transfer of sick leave earned as county or municipal employees by certain employees in offices of clerks of superior court
§ 7A-103 Authority of clerk of superior court
§ 7A-104 Disqualification; waiver; removal; when judge acts
§ 7A-105 Suspension, removal, and reinstatement of clerk
§ 7A-106 Custody of records and property of office
§ 7A-107 Bonds of clerks, assistant and deputy clerks, and employees of office
§ 7A-108 Accounting for fees and other receipts; audit
§ 7A-109 Record-keeping procedures
§ 7A-109.1 List of prisoners furnished to judges
§ 7A-109.2 (Contingent expiration date – see notes) Records of dispositions in criminal cases
§ 7A-109.3 Delivery of commitment order
§ 7A-109.4 Records of offenses involving impaired driving
§ 7A-111 Receipt and disbursement of insurance and other moneys for minors and incapacitated adults
§ 7A-112 Investment of funds in clerk’s hands
§ 7A-112.1 Deposit of money held by clerks
§ 7A-113 Bookkeeping and accounting systems equipment
§ 7A-114 Where practical, provision of secure area for domestic violence victims waiting for hearing

Terms Used In North Carolina General Statutes > Chapter 7A > Article 12 - Clerk of Superior Court

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: A person that, directly or indirectly, controls, is controlled by, or is under common control with another person. See North Carolina General Statutes 53C-1-4
  • Amortization: Paying off a loan by regular installments.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bank: Any corporation, other than a credit union, savings institution, or trust company, that is organized under the laws of this State and is engaged in the business of receiving deposits (other than trust funds), paying monies, and making loans. See North Carolina General Statutes 53C-1-4
  • Bank supervisory agency: Any of the following agencies:

    a. See North Carolina General Statutes 53C-1-4

  • Banking laws: All laws which the Commissioner or the OCOB is authorized to enforce under any applicable statute. See North Carolina General Statutes 53C-1-4
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board of directors: A governing board of a company that is responsible for policy, oversight, and compliance. See North Carolina General Statutes 53C-1-4
  • Branch: An office of any bank or a depository institution organized under the banking laws of the United States, another state, or another sovereign nation, other than that depository institution's principal office, in which deposits are received. See North Carolina General Statutes 53C-1-4
  • capital: as used in this Chapter shall mean an amount equal to the amount calculated by application of the definition of such replacement term. See North Carolina General Statutes 53C-1-4
  • Charter: A document issued by the Commissioner in accordance with Article 3 of this Chapter permitting a bank to conduct banking business. See North Carolina General Statutes 53C-1-4
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Combination: A merger, share exchange, or transfer or acquisition of all or substantially all assets and liabilities of a person undertaken in compliance with such federal laws and laws of this State or other states as may be applicable. See North Carolina General Statutes 53C-1-4
  • Commission: The State Banking Commission provided for in N. See North Carolina General Statutes 53C-1-4
  • Commissioner: The Commissioner of Banks provided for in N. See North Carolina General Statutes 53C-1-4
  • Company: A corporation, limited liability company, partnership, joint venture, business trust, trust, syndicate, association, unincorporated organization, or other form of business entity. See North Carolina General Statutes 53C-1-4
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: The possession, directly or indirectly, of the power or right to direct or to cause the direction of the management or policies of a person by reason of an agreement, understanding, proxy, or power of attorney or through the ownership of or voting power over ten percent (10%) or more of any class of the voting securities of the person. See North Carolina General Statutes 53C-1-4
  • Control transaction: The acquisition of control over a bank or a holding company other than pursuant to a combination. See North Carolina General Statutes 53C-1-4
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposit: A "deposit" as defined in Section 3(l) of the Federal Deposit Insurance Act, 12 U. See North Carolina General Statutes 53C-1-4
  • Depository institution: A bank, out-of-state bank, savings institution, or federally chartered institution, the deposits of which are insured by the FDIC. See North Carolina General Statutes 53C-1-4
  • Deputy commissioner: An individual appointed by the Commissioner to such office as provided by N. See North Carolina General Statutes 53C-1-4
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distribution: With respect to a bank, "distribution" has the same meaning as set forth in Chapter 55. See North Carolina General Statutes 53C-1-4
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Examination: A supervisory inspection of a bank, a proposed bank, a holding company, or a branch of an out-of-state bank operating in this State that may include inspection of all relevant information, including information of or about the subsidiaries and affiliates of the bank, proposed bank holding company, or branch. See North Carolina General Statutes 53C-1-4
  • Executor: A male person named in a will to carry out the decedent
  • FDIC: The Federal Deposit Insurance Corporation or its successor. See North Carolina General Statutes 53C-1-4
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Holding company: A company that controls a depository institution or that controls a company that directly or indirectly controls a depository institution. See North Carolina General Statutes 53C-1-4
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • Individual: A human being. See North Carolina General Statutes 53C-1-4
  • Insufficient capital: An amount of capital less than seventy-five percent (75%) of required capital. See North Carolina General Statutes 53C-1-4
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • North Carolina financial institution: A bank, savings institution, or trust company organized under the laws of this State. See North Carolina General Statutes 53C-1-4
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • OCOB: The Office of the Commissioner of Banks as provided in N. See North Carolina General Statutes 53C-1-4
  • Organizational documents: The charter, certificate of organization, articles of incorporation, articles of association, certificate of limited partnership, bylaws, operating agreement, partnership agreement, and any other similar documents required to be prepared or adopted by a company in connection with its organization, and as thereafter amended from time to time. See North Carolina General Statutes 53C-1-4
  • Out-of-state bank: A bank that is organized, chartered, or created under the laws of a state other than this State and the deposits of which are insured by the FDIC. See North Carolina General Statutes 53C-1-4
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: An individual, a company, or a group of persons who are acting in concert. See North Carolina General Statutes 53C-1-4
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Principal office: The office that houses the headquarters of a bank. See North Carolina General Statutes 53C-1-4
  • Probate: Proving a will
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public notice: Notice to the public of the applicable information specified in this Chapter by (i) a single publication in a newspaper of general circulation in the county in which the bank that is the subject of the publication has its principal office or in such other county as may be directed by the Commissioner to best meet the purposes for which the notice is required and (ii) a posting in the notices section of the Commissioner's Web site for at least 15 days. See North Carolina General Statutes 53C-1-4
  • Quorum: The number of legislators that must be present to do business.
  • Recess: A temporary interruption of the legislative business.
  • Record: Information, reports, memoranda, charts, letters, messages, extracts, summaries, analyses, compilations, transaction documentation, account statements, financial statements, and other documents, including customer financial and other information, whether created, transmitted, distributed, retained, or stored in tangible or digital form. See North Carolina General Statutes 53C-1-4
  • seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shares: The units into which the equity ownership interests of a corporation are divided. See North Carolina General Statutes 53C-1-4
  • State: Any state of the United States, the District of Columbia, or any territory of the United States other than this State. See North Carolina General Statutes 53C-1-4
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subsidiary: A company over which a bank has control, including a lower-tier subsidiary. See North Carolina General Statutes 53C-1-4
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trust company: A trust institution that is neither a depository institution nor a foreign bank, as defined in 12 U. See North Carolina General Statutes 53C-1-4
  • Trustee: A person or institution holding and administering property in trust.
  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Voting securities: A security that (i) confers upon the holder the right to vote for the election of members of the board of directors or similar governing body of the company or (ii) is convertible into, or entitles the holder to receive upon its exercise, a security that confers such a right to vote. See North Carolina General Statutes 53C-1-4