Sec. 1-48. Business operating transactions.
Sec. 1-48. Business operating transactions. In a statutory short form power of
attorney, the language conferring general authority with respect to business operating
transactions shall be construed to mean that the principal authorizes the agent: (1) To
the extent that an agent is permitted by law thus to act for a principal, to discharge and
perform any duty or liability and also to exercise any right, power, privilege or option
which the principal has, or claims to have, under any contract of partnership whether
the principal is a general or special partner thereunder; to enforce the terms of any
such partnership agreement for the protection of the principal, by action, proceeding or
otherwise, as the agent deems desirable or necessary, and to defend, submit to arbitration,
settle or compromise any action or other legal proceeding to which the principal is a
party because of his membership in said partnership; (2) to exercise in person or by
proxy or enforce by action, proceeding or otherwise any right, power, privilege or option
which the principal has as the holder of any bond, share or other instrument of similar
character, and to defend, submit to arbitration, settle or compromise any action or other
legal proceeding to which the principal is a party because of any such bond, share or
other instrument of similar character; (3) with respect to any business enterprise which
is owned solely by the principal (A) to continue, modify, renegotiate, extend and terminate any contractual arrangements made with any person, firm, association or corporation by or on behalf of the principal with respect thereto prior to the creation of the
agency; (B) to determine the policy of such enterprise as to the location of the site or
sites to be utilized for its operation, as to the nature and extent of the business to be
undertaken by it, as to methods of manufacturing, selling, merchandising, financing,
accounting and advertising to be employed in its operation, as to the amount and types
of insurance to be carried, as to the mode of securing, compensating and dealing with
accountants, attorneys, servants and other agents and employees required for its operation; to agree and contract, in any manner, and with any person and on any terms which
the agent deems desirable or necessary for effectuating any or all of such decisions of
the agent as to policy, and to perform, rescind, reform, release or modify any such
agreement or contract or any other similar agreement or contract made by or on behalf
of the principal; (C) to change the name or form of organization under which such
business is operated and enter into such partnership agreement with other persons or
organize such corporation to take over the operation of such business, or any part thereof,
as the agent deems desirable or necessary; (D) to demand and to receive all moneys
which are, or may become, due to the principal, or which may be claimed by the principal
or on his behalf, in the operation of such enterprise, and to control and disburse such
funds in the operation of such enterprise in any way which the agent deems desirable
or necessary; to engage in any banking transactions which the agent deems desirable
or necessary for effectuating the execution of any of the powers of the agent described
in this subdivision; (4) to prepare, sign, file and deliver all reports, compilations of
information, returns or other papers with respect to any business operating transaction
of the principal, which are required by any governmental agency, department or instrumentality or which the agent deems desirable or necessary for any purpose, and to make
any payments with respect thereto; (5) to pay, compromise or contest taxes or assessments and to do any act or acts which the agent deems desirable or necessary to protect
the principal from illegal or unnecessary taxation, fines, penalties or assessments in
connection with his business operations, including power to attempt to recover, in any
manner permitted by law, sums paid before or after the creation of the agency as taxes,
fines, penalties or assessments; (6) to demand, receive or obtain by action, proceeding
or otherwise any money, or other thing of value to which the principal is, or may become,
or may claim to be entitled as the proceeds of any business operation of such principal;
to conserve, invest, disburse or utilize anything so received for the purposes enumerated
in this section, and to be reimbursed for any expenditures properly made by him in the
execution of the powers conferred upon him by the statutory short form power of attorney; (7) to execute, acknowledge, seal and deliver any deed, assignment, mortgage,
lease, notice, consent, agreement, authorization, check or other instrument which the
agent deems useful for the accomplishment of any of the purposes enumerated in this
section; (8) to prosecute, defend, submit to arbitration, settle, and propose or accept a
compromise with respect to, any claim existing in favor of, or against, the principal
based on or involving any business operating transaction or to intervene in any action
or proceeding relating thereto; (9) to hire, discharge and compensate any attorney, accountant, expert witness or other assistant or assistants when the agent deems such action
to be desirable for the proper execution by him of any of the powers described in this
section, and for the keeping of needed records thereof; and (10) in general, and in addition
to all the specific acts in this section enumerated, to do any other act or acts, which the
principal can do through an agent, in connection with any business operated by the
principal, which the agent deems desirable or necessary for the furtherance or protection
of the interests of the principal. All powers described in this section shall be exercisable
equally with respect to any business in which the principal is interested at the creation
of the agency or in which the principal shall thereafter become interested, and whether
operated in the state of Connecticut or elsewhere.
(February, 1965, P.A. 573, S. 7.)