18-C §5-962. Relation to Electronic Signatures in Global and National Commerce Act
§5-962. Relation to Electronic Signatures in Global and National Commerce Act This Part modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not modify, limit or supersede 15 United States Code, Section 7001(c) or authorize electronic delivery of any of […]
18-C §5-963. Effect on existing powers of attorney
§5-963. Effect on existing powers of attorney Except as otherwise provided in this Part: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Application to powers of attorney. This Part applies to a power of attorney created before, on or after September 1, 2019; [PL […]
18-C §5-936. Stocks and bonds
§5-936. Stocks and bonds Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Buy, sell and exchange. Buy, sell and […]
18-C §5-937. Commodities and options
§5-937. Commodities and options Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Commodity futures, stock options. Buy, sell, exchange, […]
18-C §5-938. Banks and other financial institutions
§5-938. Banks and other financial institutions Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Banking arrangement by […]
18-C §5-939. Operation of entity or business
§5-939. Operation of entity or business Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes the agent to: […]
18-C §5-917. Agent’s liability
§5-917. Agent’s liability An agent that violates this Part is liable to the principal or the principal’s successors in interest for the amount required to: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Restore property. Restore the value of the principal’s property to what it […]
18-C §5-918. Agent’s resignation; notice
§5-918. Agent’s resignation; notice Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Conservator, guardian, coagent, successor […]
18-C §5-919. Acceptance of and reliance upon acknowledged power of attorney
§5-919. Acceptance of and reliance upon acknowledged power of attorney 1. Acknowledged. For purposes of this section and section 5-920, “acknowledged” means purportedly verified before a notary public or other individual authorized to take acknowledgments. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Signature not […]
18-C §5-920. Liability for refusal to accept acknowledged power of attorney
§5-920. Liability for refusal to accept acknowledged power of attorney 1. Request within 7 days; accept within 5 days of receipt. Except as otherwise provided in subsection 2: A. A person shall either accept an acknowledged power of attorney or request a certification, a translation or an opinion of counsel under section 5-919, subsection […]