Effective: March 22, 2012
Latest Legislation: Senate Bill 117 - 129th General Assembly
Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to the operation of an entity or business authorizes the agent to do all of the following:
(A) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest;
(B) 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;
(C) Enforce the terms of an ownership agreement;
(D) 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;
(E) 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;
(F) 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;
(G) With respect to an entity or business owned solely by the principal, do all of the following:
(1) 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;
(2) Determine all of the following:
(a) The location of its operation;
(b) The nature and extent of its business;
(c) The methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation;
(d) The amount and types of insurance carried;
(e) The mode of engaging, compensating, and dealing with its employees and accountants, attorneys, or other advisors.
(3) 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;
(4) 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.
(H) Put additional capital into an entity or business in which the principal has an interest;
(I) Join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business;
(J) Sell or liquidate all or part of an entity or business;
(K) Establish the value of an entity or business under a buy-out agreement to which the principal is a party;
(L) Prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to an entity or business and make related payments;
(M) 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.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1337 | Power of Attorney
Section 1337.01 | Power of Attorney.
Section 1337.02 | Form and Effect of Power of Attorney.
Section 1337.03 | Validity of Certain Acts of Attorney in Fact.
Section 1337.04 | Recording of Power of Attorney.
Section 1337.05 | Revocation of Power of Attorney Must Be Recorded.
Section 1337.06 | Execution and Evidence of Power of Attorney.
Section 1337.07 | Admission of Power of Attorney to Record.
Section 1337.08 | Record of Power of Attorney Authorizing Transfer of Personal Property.
Section 1337.092 | Personal Liability.
Section 1337.10 | Fees of Recorder - Microfilm Process.
Section 1337.11 | Durable Power of Attorney for Health Care Definitions.
Section 1337.12 | Formality of Execution.
Section 1337.13 | Authority of Attorney in Fact Under a Durable Power of Attorney for Health Care.
Section 1337.16 | Duties of Health Care Providers.
Section 1337.17 | Printed Form - Durable Power of Attorney for Health Care.
Section 1337.21 | Short Title.
Section 1337.22 | Definitions.
Section 1337.23 | Applicability.
Section 1337.24 | Power of Attorney Is Durable.
Section 1337.25 | Execution of Power of Attorney.
Section 1337.26 | Validity of Power of Attorney.
Section 1337.27 | Meaning and Effect of Power of Attorney.
Section 1337.28 | Nomination of Guardian; Relation of Agent to Court-Appointed Fiduciary.
Section 1337.29 | When Power of Attorney Effective.
Section 1337.30 | Termination of Power of Attorney or Agent's Authority.
Section 1337.31 | Coagents and Successor Agents.
Section 1337.32 | Reimbursement and Compensation of Agent.
Section 1337.33 | Agent's Acceptance.
Section 1337.34 | Agent's Duties.
Section 1337.35 | Exoneration of Agent.
Section 1337.36 | Judicial Relief.
Section 1337.37 | Agent's Liability.
Section 1337.38 | Agent's Resignation; Notice.
Section 1337.39 | Principles of Law and Equity.
Section 1337.40 | Conflict of Laws.
Section 1337.41 | Remedies Under Other Law.
Section 1337.42 | Authority That Requires Specific Grant; Grant of General Authority.
Section 1337.43 | Incorporation of Authority.
Section 1337.44 | Construction of Authority Generally.
Section 1337.45 | Real Property.
Section 1337.46 | Tangible Personal Property.
Section 1337.47 | Stocks and Bonds.
Section 1337.48 | Commodities and Options.
Section 1337.49 | Banks and Other Financial Institutions.
Section 1337.50 | Operation of Entity or Business.
Section 1337.51 | Insurance and Annuities.
Section 1337.52 | Estates, Trusts, and Other Beneficial Interests.
Section 1337.53 | Claims and Litigation.
Section 1337.54 | Personal and Family Maintenance.
Section 1337.55 | Benefits From Governmental Programs or Civil or Military Service.
Section 1337.56 | Retirement Plans.
Section 1337.571 | Digital Assets.
Section 1337.59 | Construction Under Former Law.
Section 1337.60 | Statutory Form Power of Attorney.
Section 1337.61 | Agent's Certification.
Section 1337.62 | Uniformity of Application and Construction.
Section 1337.63 | Relation to Electronic Signatures in Global and National Commerce Act.