State Codes and Statutes

Statutes > New-york > Gob > Article-5 > Title-15 > 5-1501c

§ 5-1501C. Powers of attorney excluded from this title. The provisions  of this title shall not apply to the following powers of attorney:    1.  a  power  of attorney given primarily for a business or commercial  purpose, including without limitation:    (a) a power to the extent it  is  coupled  with  an  interest  in  the  subject of the power;    (b)  a  power  given to or for the benefit of a creditor in connection  with a loan or other credit transaction;    (c) a power given to facilitate transfer or disposition of one or more  specific stocks, bonds or other assets, whether real, personal, tangible  or intangible;    2. a proxy or other delegation to exercise voting rights or management  rights with respect to an entity;    3.  a  power  created  on  a  form  prescribed  by  a  government   or  governmental  subdivision,  agency or instrumentality for a governmental  purpose;    4. a power authorizing a third party  to  prepare,  execute,  deliver,  submit  and/or  file  a  document  or  instrument  with  a government or  governmental subdivision,  agency  or  instrumentality  or  other  third  party;    5.  a  power  authorizing  a  financial  institution  or employee of a  financial institution to take action relating to an account in which the  financial institution  holds  cash,  securities,  commodities  or  other  financial assets on behalf of the person giving the power;    6.  a  power  given  by an individual who is or is seeking to become a  director, officer,  shareholder,  employee,  partner,  limited  partner,  member,  unit  owner  or  manager of a corporation, partnership, limited  liability company, condominium or other legal or  commercial  entity  in  his or her capacity as such;    7.  a  power  contained  in a partnership agreement, limited liability  company  operating  agreement,  declaration  of  trust,  declaration  of  condominium,  condominium  bylaws,  condominium  offering  plan or other  agreement or instrument governing the  internal  affairs  of  an  entity  authorizing a director, officer, shareholder, employee, partner, limited  partner,  member,  unit  owner,  manager  or other person to take lawful  action relating to such entity;    8. a power given to a condominium managing agent  to  take  action  in  connection with the use, management and operation of a condominium unit;    9.  a  power  given to a licensed real estate broker to take action in  connection with a listing of real  property,  mortgage  loan,  lease  or  management agreement;    10.  a power authorizing acceptance of service of process on behalf of  the principal; and    11. a power created pursuant to authorization provided by a federal or  state statute, other than this  title,  that  specifically  contemplates  creation  of  the  power,  including  without limitation a power to make  health care decisions or decisions involving the disposition of remains.    Nothing in this section shall be deemed to prohibit use of a statutory  short form power of attorney or a  nonstatutory  power  of  attorney  in  connection with any of the transactions described in this section.

State Codes and Statutes

Statutes > New-york > Gob > Article-5 > Title-15 > 5-1501c

§ 5-1501C. Powers of attorney excluded from this title. The provisions  of this title shall not apply to the following powers of attorney:    1.  a  power  of attorney given primarily for a business or commercial  purpose, including without limitation:    (a) a power to the extent it  is  coupled  with  an  interest  in  the  subject of the power;    (b)  a  power  given to or for the benefit of a creditor in connection  with a loan or other credit transaction;    (c) a power given to facilitate transfer or disposition of one or more  specific stocks, bonds or other assets, whether real, personal, tangible  or intangible;    2. a proxy or other delegation to exercise voting rights or management  rights with respect to an entity;    3.  a  power  created  on  a  form  prescribed  by  a  government   or  governmental  subdivision,  agency or instrumentality for a governmental  purpose;    4. a power authorizing a third party  to  prepare,  execute,  deliver,  submit  and/or  file  a  document  or  instrument  with  a government or  governmental subdivision,  agency  or  instrumentality  or  other  third  party;    5.  a  power  authorizing  a  financial  institution  or employee of a  financial institution to take action relating to an account in which the  financial institution  holds  cash,  securities,  commodities  or  other  financial assets on behalf of the person giving the power;    6.  a  power  given  by an individual who is or is seeking to become a  director, officer,  shareholder,  employee,  partner,  limited  partner,  member,  unit  owner  or  manager of a corporation, partnership, limited  liability company, condominium or other legal or  commercial  entity  in  his or her capacity as such;    7.  a  power  contained  in a partnership agreement, limited liability  company  operating  agreement,  declaration  of  trust,  declaration  of  condominium,  condominium  bylaws,  condominium  offering  plan or other  agreement or instrument governing the  internal  affairs  of  an  entity  authorizing a director, officer, shareholder, employee, partner, limited  partner,  member,  unit  owner,  manager  or other person to take lawful  action relating to such entity;    8. a power given to a condominium managing agent  to  take  action  in  connection with the use, management and operation of a condominium unit;    9.  a  power  given to a licensed real estate broker to take action in  connection with a listing of real  property,  mortgage  loan,  lease  or  management agreement;    10.  a power authorizing acceptance of service of process on behalf of  the principal; and    11. a power created pursuant to authorization provided by a federal or  state statute, other than this  title,  that  specifically  contemplates  creation  of  the  power,  including  without limitation a power to make  health care decisions or decisions involving the disposition of remains.    Nothing in this section shall be deemed to prohibit use of a statutory  short form power of attorney or a  nonstatutory  power  of  attorney  in  connection with any of the transactions described in this section.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gob > Article-5 > Title-15 > 5-1501c

§ 5-1501C. Powers of attorney excluded from this title. The provisions  of this title shall not apply to the following powers of attorney:    1.  a  power  of attorney given primarily for a business or commercial  purpose, including without limitation:    (a) a power to the extent it  is  coupled  with  an  interest  in  the  subject of the power;    (b)  a  power  given to or for the benefit of a creditor in connection  with a loan or other credit transaction;    (c) a power given to facilitate transfer or disposition of one or more  specific stocks, bonds or other assets, whether real, personal, tangible  or intangible;    2. a proxy or other delegation to exercise voting rights or management  rights with respect to an entity;    3.  a  power  created  on  a  form  prescribed  by  a  government   or  governmental  subdivision,  agency or instrumentality for a governmental  purpose;    4. a power authorizing a third party  to  prepare,  execute,  deliver,  submit  and/or  file  a  document  or  instrument  with  a government or  governmental subdivision,  agency  or  instrumentality  or  other  third  party;    5.  a  power  authorizing  a  financial  institution  or employee of a  financial institution to take action relating to an account in which the  financial institution  holds  cash,  securities,  commodities  or  other  financial assets on behalf of the person giving the power;    6.  a  power  given  by an individual who is or is seeking to become a  director, officer,  shareholder,  employee,  partner,  limited  partner,  member,  unit  owner  or  manager of a corporation, partnership, limited  liability company, condominium or other legal or  commercial  entity  in  his or her capacity as such;    7.  a  power  contained  in a partnership agreement, limited liability  company  operating  agreement,  declaration  of  trust,  declaration  of  condominium,  condominium  bylaws,  condominium  offering  plan or other  agreement or instrument governing the  internal  affairs  of  an  entity  authorizing a director, officer, shareholder, employee, partner, limited  partner,  member,  unit  owner,  manager  or other person to take lawful  action relating to such entity;    8. a power given to a condominium managing agent  to  take  action  in  connection with the use, management and operation of a condominium unit;    9.  a  power  given to a licensed real estate broker to take action in  connection with a listing of real  property,  mortgage  loan,  lease  or  management agreement;    10.  a power authorizing acceptance of service of process on behalf of  the principal; and    11. a power created pursuant to authorization provided by a federal or  state statute, other than this  title,  that  specifically  contemplates  creation  of  the  power,  including  without limitation a power to make  health care decisions or decisions involving the disposition of remains.    Nothing in this section shall be deemed to prohibit use of a statutory  short form power of attorney or a  nonstatutory  power  of  attorney  in  connection with any of the transactions described in this section.