South Carolina Code of Laws
Article 8 - South Carolina Uniform Power Of Attorney Act
Section 62-8-209. Operation of entity or business.

Subject to Section 62-8-201 and 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 operation of an entity or business authorizes the agent to:
(1) operate, buy, sell, enlarge, reduce, or terminate an ownership interest;
(2) 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;
(3) enforce the terms of an ownership agreement;
(4) 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;
(5) 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;
(6) 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;
(7) with respect to an entity or business owned solely by the principal:
(A) 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;
(B) determine the:
(i) location of its operation;
(ii) nature and extent of its business;
(iii) methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation;
(iv) amount and types of insurance carried; and
(v) mode of engaging, compensating, and dealing with its employees and accountants, attorneys, or other advisors;
(C) 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; and
(D) 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;
(8) put additional capital into an entity or business in which the principal has an interest;
(9) join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business;
(10) sell or liquidate all or part of an entity or business;
(11) establish the value of an entity or business under a buy-out agreement to which the principal is a party;
(12) prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to an entity or business and make related payments; and
(13) pay, compromise, or contest taxes, assessments, fines, or penalties and perform another 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.
HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.

Structure South Carolina Code of Laws

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 62-8-108. Nomination of conservator or guardian; relation of agent to court-appointed fiduciary.

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 62-8-216. Taxes.

Section 62-8-217. Gifts.

Section 62-8-401. Jurisdiction.

Section 62-8-402. Relation to Electronic Signatures in Global and National Commerce Act.

Section 62-8-403. Effect on existing powers of attorney.