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[§551E‑39]  Operation of entity or business


Published: 2015

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     [§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]