§429-5 Statement of authority as to real
property. (a) A nonprofit association may execute and record a statement
of authority to transfer an estate or interest in real property in the name of
the nonprofit association.
(b) An estate or interest in real property in
the name of a nonprofit association may be transferred by a person so
authorized in a statement of authority recorded in the office of the assistant
registrar of the land court or in the bureau of conveyances, whichever is the
office in which a transfer of the property would be recorded.
(c) A statement of authority shall set forth:
(1) The name of the nonprofit association;
(2) The federal tax identification number, if any, of
the nonprofit association;
(3) The address in this State, including the street
address, if any, of the nonprofit association or, if the nonprofit association
does not have an address in this State, its address out-of-state;
(4) That it is an unincorporated nonprofit
association; and
(5) The name or title of a person authorized to
transfer an estate or interest in real property held in the name of the
nonprofit association.
(d) A statement of authority shall be executed
in the same manner as a deed by a person who is not the person authorized to
transfer the estate or interest.
(e) A filing officer may collect a fee for
recording a statement of authority in the amount authorized for recording a
transfer of real property.
(f) An amendment, including a cancellation, of
a statement of authority shall meet the requirements for execution and
recording of an original statement. Unless canceled earlier, a recorded
statement of authority or its most recent amendment shall be canceled by
operation of law five years after the date of the most recent recording.
(g) If the record title to real property is in
the name of a nonprofit association and the statement of authority is recorded
in the office in which a transfer of real property would be recorded, the
authority of the person named in a statement of authority shall be conclusive
in favor of a person who gives value without notice that the person lacks
authority. [L 1999, c 161, pt of §1; am L 2001, c 130, §1]