[§551E‑39] Operation of entity or
business. Unless the power of attorney otherwise provides, and subject to
the terms of a document or an agreement governing an entity or an entity
ownership interest, language in a power of attorney granting general authority
with respect to operation of an entity or business shall authorize the agent
to:
(1) Operate, buy, sell, enlarge, reduce, or terminate
an ownership interest;
(2) Perform a duty or discharge a liability and
exercise in person or by proxy a right, power, privilege, or option that the
principal has, may have, or claims to have;
(3) Enforce the terms of an ownership agreement;
(4) Initiate, participate in, submit to alternative
dispute resolution, settle, oppose, or propose or accept a compromise with
respect to litigation to which the principal is a party because of an ownership
interest;
(5) Exercise in person or by proxy, or enforce by
litigation or otherwise, a right, power, privilege, or option the principal has
or claims to have as the holder of stocks and bonds;
(6) Initiate, participate in, submit to alternative
dispute resolution, settle, oppose, or propose or accept a compromise with
respect to litigation to which the principal is a party concerning stocks and
bonds;
(7) With respect to an entity or business owned
solely by the principal:
(A) Continue, modify, renegotiate, extend, and
terminate a contract made by or on behalf of the principal with respect to the
entity or business before execution of the power of attorney;
(B) Determine:
(i) The location of its operation;
(ii) The nature and extent of its business;
(iii) The methods of manufacturing, selling,
merchandising, financing, accounting, and advertising employed in its
operation;
(iv) The amount and types of insurance carried;
and
(v) The mode of engaging, compensating, and
dealing with its employees and accountants, attorneys, or other advisors;
(C) Change the name or form of organization
under which the entity or business is operated and enter into an ownership
agreement with other persons to take over all or part of the operation of the
entity or business; and
(D) Demand and receive money due or claimed by
the principal or on the principal's behalf in the operation of the entity or
business and control and disburse the money in the operation of the entity or
business;
(8) Put additional capital into an entity or business
in which the principal has an interest;
(9) Join in a plan of reorganization, consolidation,
conversion, domestication, or merger of the entity or business;
(10) Sell or liquidate all or part of an entity or
business;
(11) Establish the value of an entity or business
under a buy-out agreement to which the principal is a party;
(12) Prepare, sign, file, and deliver reports,
compilations of information, returns, or other papers with respect to an entity
or business and make related payments; and
(13) Pay, compromise, or contest taxes, assessments,
fines, or penalties and perform any other act to protect the principal from
illegal or unnecessary taxation, assessments, fines, or penalties, with respect
to an entity or business, including attempts to recover, in any manner
permitted by law, money paid before or after the execution of the power of
attorney. [L 2014, c 22, pt of §1]