2019 Georgia Code
Title 10 - Commerce and Trade
Chapter 6B - Georgia Power of Attorney
Article 1 - General Provisions
§ 10-6B-19. "Attested power of attorney" defined; acceptance of and reliance upon attested power of attorney

Universal Citation: GA Code § 10-6B-19 (2019)
  • (a) As used in this Code section, the term "attested power of attorney" means a power of attorney that was purportedly attested as set forth in Code Section 44-2-15.

  • (b) A person that in good faith accepts an attested power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under Code Section 10-6B-5 that the signature is genuine.

  • (c) A person that in good faith accepts an attested power of attorney without actual knowledge that such 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 such power of attorney as if it 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.

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

    • (1) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or such power of attorney;

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

    • (3) An opinion of an attorney as to any matter of law concerning such power of attorney if the person making the request provides in a writing or other record the reason for the request.

  • (e) An English translation or an opinion of an attorney requested under this Code section shall be provided at the principal's expense unless the request is made more than seven business days after an attested power of attorney is presented for acceptance.

  • (f) For purposes of this Code section, a person that conducts activities through employees shall be without actual knowledge of a fact relating to an attested power of attorney, a principal, or an agent if the employee conducting the transaction involving such power of attorney is without actual knowledge of the fact.

History:

Code 1981, § 10-6B-19, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 11/HB 897.

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