(a) The Commission may adopt a resolution terminating the certification of a Fund due to one or more of the following:
- (1) A Manager or a Fund violates any of the rules in this Section and the Commission finds that there has been a material adverse effect on the Fund or the interests of the Active Participants.
- (2) A Fund fails to meet a federal or state legal requirement and the Commission finds that there has been a material adverse effect on the Fund or the interests of the Active Participants.
- (3) A Fund fails to submit an attestation pursuant to Rule .0714 of this Section within 30 calendar days of the due date.
- (4) The Manager of a Fund requests termination of certification.
- (5) A Fund is dissolved or terminated.
- (6) A Reporting Event has occurred, and the Commission finds that there has been a material adverse effect on the Fund or the interests of the Active Participants.
- (b) A Decertification Period shall commence upon the Commission's adoption of a resolution terminating certification of a Fund, during which time the Manager of the Fund shall notify the Active Participants of the termination of certification and provide instructions on withdrawing assets from the Fund.
- (c) Termination of certification shall be effective upon the conclusion of the Decertification Period.
History Note: Authority G.S. 159‑3(f); 159‑30(c)(8);
Eff. October 1, 2023.