Thread: procure poa
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Old 09-02-2006, 09:44 AM
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mikah2k mikah2k is offline
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Join Date: Mar 2005
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Quote:
Originally Posted by Notorial dissent
A Board of Directors can not give a Power of Attorney for someone to act in their place. They are limited by law to conducting business only in and of themselves. All acts that are the responsibility of a board of directors must be done only by the duly elected and qualified directors.

There is a considerable difference between the way a trust operates, and the way a bank or corporation operates.

Documents of the type you are alluding to require a minimum of two separate signatures, not by the same person.

There is no such thing as a power of attorney by assumption or any other thing. A POA must be knowing and willingly created, signed and sealed by the principal, otherwise, it is null and void.

Rhetorical: And there is no such thing as heaven or hell (because we have never experienced either one).

So the POA could be created by anyone, and when the principal (of the POA) is given knowledge, constructed as an "offer to contract", of a potential agent's desire for POA of the principal, and the principal can acquiesce willingly, with POA signed by estoppel, more precisely estoppel by acquiescence.

Question: Why does "Agency by estoppel" exist?
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