SB529: Bill Text

SB529,27,5 (b) Exercising or selling an option, right of conversion, or similar right with respect to the stocks, bonds, or property.

SB529,27,6 (c) Exercising any voting rights in person or by proxy.

SB529,27,7 (8) Change the form of title of an interest in or right incident to real property.

SB529,27,9 (9) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.

SB529,27,12 244.45 Tangible personal property. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to do all of the following:

SB529,27,15 (1) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property.

SB529,27,19 (2) Sell; exchange; convey with or without covenants, representations, or warranties; quit claim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or otherwise dispose of tangible personal property or an interest in tangible personal property.

SB529,27,22 (3) Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal.

SB529,27,25 (4) Release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property.

SB529,28,2 (5) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including by doing any of the following:

SB529,28,3 (a) Insuring against liability or casualty or other loss.

SB529,28,5 (b) Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise.

SB529,28,7 (c) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments.

SB529,28,8 (d) Moving the property from place to place.

SB529,28,9 (e) Storing the property for hire or under a gratuitous bailment.

SB529,28,10 (f) Using and making repairs, alterations, or improvements to the property.

SB529,28,11 (6) Change the form of title of an interest in tangible personal property.

SB529,28,14 244.46 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 do all of the following:

SB529,28,15 (1) Buy, sell, and exchange stocks and bonds.

SB529,28,17 (2) Establish, continue, modify, or terminate an account with respect to stocks and bonds.

SB529,28,19 (3) Pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal.

SB529,28,21 (4) Receive certificates and other evidences of ownership with respect to stocks and bonds.

SB529,28,23 (5) Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.

SB529,29,3 (6) 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.

SB529,29,6 (7) 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.

SB529,29,9 244.47 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 do all of the following:

SB529,29,12 (1) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange.

SB529,29,13 (2) Establish, continue, modify, and terminate option accounts.

SB529,29,17 244.48 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 do all of the following:

SB529,29,19 (1) Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal.

SB529,29,22 (2) Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent.

SB529,29,24 (3) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault.

SB529,30,3 (4) Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution.

SB529,30,5 (5) Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them.

SB529,30,6 (6) Enter a safe deposit box or vault and withdraw or add to the contents.

SB529,30,9 (7) Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal.

SB529,30,14 (8) Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order; transfer money, receive the cash or other proceeds of those transactions; and accept a draft drawn by a person upon the principal and pay it when due.

SB529,30,17 (9) Receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument.

SB529,30,21 (10) Apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit.

SB529,30,23 (11) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.

SB529,31,3 244.49 Operation of entity or business. Subject to the terms of a document or an agreement governing an entity or business or an entity or business 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 do all of the following:

SB529,31,4 (1) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest.

SB529,31,6 (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.

SB529,31,7 (3) Enforce the terms of an ownership agreement.

SB529,31,10 (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.

SB529,31,13 (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.

SB529,31,16 (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.

SB529,31,18 (7) With respect to an entity or business owned solely by the principal, do all of the following:

SB529,31,21 (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.

SB529,31,22 (b) Determine all of the following:

SB529,31,23 1. The location of its operation.

SB529,31,24 2. The nature and extent of its business.

SB529,32,2 3. The methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation.

SB529,32,3 4. The amount and types of insurance carried.

SB529,32,5 5. The mode of engaging, compensating, and dealing with its employees and accountants, attorneys, or other advisors.

SB529,32,8 (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.

SB529,32,11 (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.

SB529,32,13 (8) Put additional capital into an entity or business in which the principal has an interest.

SB529,32,15 (9) Join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business.

SB529,32,16 (10) Sell or liquidate all or part of an entity or business.

SB529,32,18 (11) Establish the value of an entity or business under a buy-out agreement to which the principal is a party.

SB529,32,21 (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.

SB529,33,2 (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.

SB529,33,5 244.50 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 do all of the following:

SB529,33,9 (1) Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract.

SB529,33,13 (2) Procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse or domestic partner, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment.

SB529,33,15 (3) Pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent.

SB529,33,16 (4) Apply for and receive a loan secured by a contract of insurance or annuity.

SB529,33,18 (5) Surrender and receive the cash surrender value on a contract of insurance or annuity.

SB529,33,19 (6) Exercise an election.

SB529,33,21 (7) Exercise investment powers available under a contract of insurance or annuity.

SB529,33,23 (8) Change the manner of paying premiums on a contract of insurance or annuity.

SB529,33,25 (9) Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section.

SB529,34,3 (10) Apply for and procure a benefit or assistance under a statute, rule, or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal.

SB529,34,5 (11) Collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity.

SB529,34,7 (12) Select the form and timing of the payment of proceeds from a contract of insurance or annuity.

SB529,34,11 (13) Pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.

SB529,34,15 244.51 Estates, trusts, and other beneficial interests. (1) In this section, "estates, trusts, and other beneficial interests" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.

SB529,34,18 (2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to do all of the following:

SB529,34,20 (a) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from an estate, trust, or beneficial interest.

SB529,34,23 (b) Demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of an estate, trust, or beneficial interest, by litigation or otherwise.

SB529,34,25 (c) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal.

SB529,35,4 (d) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal.

SB529,35,7 (e) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary.

SB529,35,9 (f) Conserve, invest, disburse, or use anything received for an authorized purpose.

SB529,35,13 (g) Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor.

SB529,35,14 (h) Sign a waiver or consent in a probate matter.

SB529,35,16 (i) Reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or payment from an estate, trust, or beneficial interest.

SB529,35,19 244.52 Claims and litigation. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to do all of the following: