Making one
Table Summarizing Exclusions From Legislation
Powers of Attorney for persons excluded from legislation
· 3 min read
Explain non durable in Texas not subject to legislation and as expressly recognised in INSERT powers for comm entities not governed either.
| 📙 EXCLUSION | 📙 DESCRIPTION | CALIFORNIA | TEXAS | NEW_YORK | FLORIDA | ILLINOIS | PENNSYLVANIA |
| Voting Proxy | A proxy or other delegation to exercise voting rights or management rights with respect to an entity | §4050 | §751.0015 | 5-1501C | §709.2103 | §5601 | |
| Coupled With Interest | A power to the extent it is coupled with an interest in the subject of the power | §4050 | §751.0015 | 5-1501C | §709.2103 | §5601 | |
| Prescribed | A power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose | §751.0015 | 5-1501C | §709.2103 | |||
| Stocks & Bonds | A power given to facilitate transfer or disposition of one or more specific stocks & bonds | 5-1501C | |||||
| Specific Acquisitions & Disposals | A power given to facilitate transfer or disposition of one or more specific.. assets, whether real, personal, tangible or intangible | 5-1501C | |||||
| Financial Institution | 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 (unless it is a durable Power of Attorney in Illinois*)* | 5-1501C | §2-4 | ||||
| Commercial Entity | Powers of Attorney for commercial entities (i.e. not for persons) | ||||||
| Business/Commercial Purpose | A Power of Attorney given primarily for a business or commercial purpose without limitation | 5-1501C | |||||
| Commercial Instrument | A Power of Attorney contained in an instrument used in a commercial transaction | §5601 | |||||
| Constituting Document | A Power of Attorney in a constituting document for a commercial entity | 5-1501C | §5601 | ||||
| Member of Commercial Entity | A power authorizing a member of a commercial entity (director, partner, shareholder etc.) to act on behalf of the commercial entity | ||||||
| Officeholder | 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 | 5-1501C | §5601 | ||||
| For Creditor | A power given to or for the benefit of a creditor in connection with a loan or other credit transaction | 5-1501C | |||||
| Filing | 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 | 5-1501C | |||||
| Condominium Managing Agent | A power given to a condominium managing agent to take action in connection with the use, management and operation of a condominium unit | 5-1501C | |||||
| Real Estate Broker | 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 | 5-1501C | |||||
| Service of Process | A power authorizing acceptance of service of process on behalf of the principal | 5-1501C | |||||
| Reciprocal Insurance Exchanges | Reciprocal insurance exchanges | §4050 |