S.C. Code § 62-8-119

Current through 2024 Act No. 225.

Section 62-8-119 - Acceptance of and reliance upon acknowledged power of attorney; form

(a) For purposes of this section and Section 62-8-120, "acknowledged" means purportedly executed pursuant to Section 62-8-105.

(b) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.

(c) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation an:

(1) agent's certification under penalty of perjury of a factual matter concerning the principal, agent, or power of attorney; and

(2) English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and

(3) opinion of counsel as to a matter of law concerning the power of attorney if the power of attorney does not appear to be effective pursuant to Section 62-8-109. Such a request must provide a reason and be in writing.

(d) An English translation or an opinion of counsel requested pursuant to this section must be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance.

(e) For purposes of this section and Section 62-8-120, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.

(f) The following optional form may be used by an agent to certify facts concerning a power of attorney:

AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

State of _____________________________

[County] of___________________________

I, _____________________________________________ (Name of Agent), [certify] under penalty of perjury that __________________________________________(Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ________________________.

I further [certify] that to my knowledge:

(1) the Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(2) the action I desire to take is within the scope of my authority granted under the Power of Attorney.

(3) if the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(4) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and

(5) _____________________________________________

______________________________________________________

(Insert Other Relevant Statements)

SIGNATURE AND ACKNOWLEDGMENT


Agent's Signature	Date

_____________________________________________

Agent's Name Printed

____________________________________________

Agent's Address

____________________________________________

Agent's Telephone Number

This document was acknowledged before me on __________________________,

(Date)

by______________________________________.

(Name of Agent)

____________________________________________(Seal, if any)

Signature of Notary _________________________________

My commission expires: ________________________

[This document prepared by:

_____________________________________________________]

S.C. Code § 62-8-119

Added by 2016 S.C. Acts, Act No. 279 (SB 778), s 1, eff. 1/1/2017.