§ 26-90. Acceptance of and reliance upon acknowledged power of attorney.
A. For purposes of this section and § 26-91, "acknowledged" means verifiedbefore a notary public or other individual authorized to take acknowledgments.
B. A person that in good faith accepts an acknowledged power of attorney thathas been signed in accordance with § 26-76 without actual knowledge that thepower of attorney is void, invalid, or terminated, that the purported agent'sauthority is void, invalid, or terminated, or that the agent is exceeding orimproperly exercising the agent's authority may rely upon the power ofattorney as if the power of attorney were genuine, valid, and still ineffect, the agent's authority were genuine, valid, and still in effect, andthe agent had not exceeded and had properly exercised the authority. Thepreceding sentence shall not apply to an acknowledged power of attorney thatcontains a forged signature of the principal.
C. A person that is asked to accept an acknowledged power of attorney mayrequest, and rely upon, without further investigation, any or all of thefollowing:
1. An agent's certification under oath of any factual matter concerning theprincipal, agent, or power of attorney;
2. An English translation of the power of attorney if the power of attorneycontains, in whole or in part, language other than English; and
3. An opinion of the counsel for the principal or the agent, or the opinionof counsel for the person, as to any matter of law concerning the power ofattorney if the person making the request provides in a writing or otherrecord the reason for the request.
D. An English translation or an opinion of counsel for the principal or theagent requested under this section shall be provided at the principal'sexpense.
E. An agent's certification, an English translation, or an opinion of counselshall be in recordable form if the exercise of the power requires recordationof any instrument under the laws of the Commonwealth.
F. For purposes of this section and § 26-91, a person that conductsactivities through employees and exercises commercially reasonable proceduresto communicate information concerning powers of attorney among its employeesis without actual knowledge of a fact relating to a power of attorney, aprincipal, or an agent if the employee conducting the transaction involvingthe power of attorney has followed such procedures and is nonetheless withoutactual knowledge of the fact.
§ 26-90. Acceptance of and reliance upon acknowledged power of attorney.
A. For purposes of this section and § 26-91, "acknowledged" means verifiedbefore a notary public or other individual authorized to take acknowledgments.
B. A person that in good faith accepts an acknowledged power of attorney thathas been signed in accordance with § 26-76 without actual knowledge that thepower of attorney is void, invalid, or terminated, that the purported agent'sauthority is void, invalid, or terminated, or that the agent is exceeding orimproperly exercising the agent's authority may rely upon the power ofattorney as if the power of attorney were genuine, valid, and still ineffect, the agent's authority were genuine, valid, and still in effect, andthe agent had not exceeded and had properly exercised the authority. Thepreceding sentence shall not apply to an acknowledged power of attorney thatcontains a forged signature of the principal.
C. A person that is asked to accept an acknowledged power of attorney mayrequest, and rely upon, without further investigation, any or all of thefollowing:
1. An agent's certification under oath of any factual matter concerning theprincipal, agent, or power of attorney;
2. An English translation of the power of attorney if the power of attorneycontains, in whole or in part, language other than English; and
3. An opinion of the counsel for the principal or the agent, or the opinionof counsel for the person, as to any matter of law concerning the power ofattorney if the person making the request provides in a writing or otherrecord the reason for the request.
D. An English translation or an opinion of counsel for the principal or theagent requested under this section shall be provided at the principal'sexpense.
E. An agent's certification, an English translation, or an opinion of counselshall be in recordable form if the exercise of the power requires recordationof any instrument under the laws of the Commonwealth.
F. For purposes of this section and § 26-91, a person that conductsactivities through employees and exercises commercially reasonable proceduresto communicate information concerning powers of attorney among its employeesis without actual knowledge of a fact relating to a power of attorney, aprincipal, or an agent if the employee conducting the transaction involvingthe power of attorney has followed such procedures and is nonetheless withoutactual knowledge of the fact.
§ 26-90. Acceptance of and reliance upon acknowledged power of attorney.
A. For purposes of this section and § 26-91, "acknowledged" means verifiedbefore a notary public or other individual authorized to take acknowledgments.
B. A person that in good faith accepts an acknowledged power of attorney thathas been signed in accordance with § 26-76 without actual knowledge that thepower of attorney is void, invalid, or terminated, that the purported agent'sauthority is void, invalid, or terminated, or that the agent is exceeding orimproperly exercising the agent's authority may rely upon the power ofattorney as if the power of attorney were genuine, valid, and still ineffect, the agent's authority were genuine, valid, and still in effect, andthe agent had not exceeded and had properly exercised the authority. Thepreceding sentence shall not apply to an acknowledged power of attorney thatcontains a forged signature of the principal.
C. A person that is asked to accept an acknowledged power of attorney mayrequest, and rely upon, without further investigation, any or all of thefollowing:
1. An agent's certification under oath of any factual matter concerning theprincipal, agent, or power of attorney;
2. An English translation of the power of attorney if the power of attorneycontains, in whole or in part, language other than English; and
3. An opinion of the counsel for the principal or the agent, or the opinionof counsel for the person, as to any matter of law concerning the power ofattorney if the person making the request provides in a writing or otherrecord the reason for the request.
D. An English translation or an opinion of counsel for the principal or theagent requested under this section shall be provided at the principal'sexpense.
E. An agent's certification, an English translation, or an opinion of counselshall be in recordable form if the exercise of the power requires recordationof any instrument under the laws of the Commonwealth.
F. For purposes of this section and § 26-91, a person that conductsactivities through employees and exercises commercially reasonable proceduresto communicate information concerning powers of attorney among its employeesis without actual knowledge of a fact relating to a power of attorney, aprincipal, or an agent if the employee conducting the transaction involvingthe power of attorney has followed such procedures and is nonetheless withoutactual knowledge of the fact.
