Section 201 – Creation of power of appointment.
Effective 5/8/2018 75-10-201. Creation of power of appointment. (1) A power of appointment is created only if: (a) the instrument creating the power is valid under applicable law; and (b) the terms of the instrument creating the power manifest the donor’s intent to create in a powerholder a power of appointment over the appointive property […]
Section 202 – Nontransferability.
Effective 5/9/2017 75-10-202. Nontransferability. A powerholder may not transfer a power of appointment. If a powerholder dies without exercising or releasing a power, the power lapses. Enacted by Chapter 125, 2017 General Session
Section 302 – Agent’s certification.
Effective 5/10/2016 75-9-302. Agent’s certification. The following optional form may be used by an agent to certify facts concerning a power of attorney. AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT’S AUTHORITY State of _____________________________[County] of___________________________I, _____________________________________________ (Name of Agent), certify under penalty of perjury that __________________________________________(Name of Principal) granted me […]
Section 401 – Uniformity of application and construction.
Effective 5/10/2016 75-9-401. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. Enacted by Chapter 256, 2016 General Session
Section 402 – Relation to Electronic Signatures in Global and National Commerce Act.
Effective 5/10/2016 75-9-402. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery […]
Section 403 – Effect on existing powers of attorney.
Effective 5/10/2016 75-9-403. Effect on existing powers of attorney. Except as otherwise provided: (1) this chapter applies to a power of attorney created before, on, or after May 10, 2016; (2) this chapter applies to a judicial proceeding concerning a power of attorney commenced on or after May 10, 2016; (3) this chapter applies to […]
Section 103 – Governing law.
Effective 5/9/2017 75-10-103. Governing law. (1) Unless the terms of the instrument creating a power of appointment manifest a contrary intent: (a) the creation, revocation, amendment, interpretation and definition of terms, or the determination of the rights of the appointee of the power is governed by the law of the donor’s domicile at the relevant […]
Section 104 – Common law and principles of equity.
Effective 5/9/2017 75-10-104. Common law and principles of equity. The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or laws of this state other than this chapter. Enacted by Chapter 125, 2017 General Session
Section 209 – Operation of entity or business.
Effective 5/10/2016 75-9-209. 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 […]
Section 210 – Insurance and annuities.
Effective 5/10/2016 75-9-210. Insurance and annuities. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to: (1) continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf […]