Unless the power of attorney otherwise provides and subject to Section 62-8-201, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:
(1) continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;
(2) establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;
(3) contract for services available from a financial institution, including renting a safe deposit box or space in a vault;
(4) withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;
(5) receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them;
(6) borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(7) make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;
(8) receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;
(9) apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and
(10) consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
Structure South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Article 8 - South Carolina Uniform Power Of Attorney Act
Section 62-8-101. Short title.
Section 62-8-102. Definitions.
Section 62-8-103. Applicability.
Section 62-8-104. Power of attorney is durable.
Section 62-8-105. Execution of power of attorney.
Section 62-8-106. Validity of power of attorney.
Section 62-8-107. Meaning and effect of power of attorney.
Section 62-8-109. When power of attorney effective.
Section 62-8-110. Termination of power of attorney or agent's authority.
Section 62-8-111. Coagents and successor agents.
Section 62-8-112. Reimbursement and compensation of agent.
Section 62-8-113. Agent's acceptance.
Section 62-8-114. Agent's duties.
Section 62-8-115. Exoneration of agent.
Section 62-8-116. Judicial relief.
Section 62-8-117. Agent's liability.
Section 62-8-118. Agent's resignation; notice.
Section 62-8-119. Acceptance of and reliance upon acknowledged power of attorney; form.
Section 62-8-120. Liability for refusal to accept acknowledged power of attorney.
Section 62-8-121. Principles of law and equity.
Section 62-8-122. Laws applicable to financial institutions and entities.
Section 62-8-123. Remedies under other law.
Section 62-8-201. Authority that requires specific grant; grant of general authority.
Section 62-8-202. Incorporation of authority.
Section 62-8-203. Construction of authority generally.
Section 62-8-204. Real property.
Section 62-8-205. Tangible personal property.
Section 62-8-206. Stocks and bonds.
Section 62-8-207. Commodities and options.
Section 62-8-208. Banks and other financial institutions.
Section 62-8-209. Operation of entity or business.
Section 62-8-210. Insurance and annuities.
Section 62-8-211. Estates, trusts, and other beneficial interests.
Section 62-8-212. Claims and litigation.
Section 62-8-213. Personal and family maintenance.
Section 62-8-214. Benefits from governmental programs or civil or military service.
Section 62-8-215. Retirement plans.
Section 62-8-401. Jurisdiction.
Section 62-8-402. Relation to Electronic Signatures in Global and National Commerce Act.