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This entry was published on 2014-09-22
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Powers of attorney excluded from this title
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 15
§ 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

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

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.