Bond, share, and commodity transactions
Sec. 4. (a) Language conferring general authority with respect to
bond, share, and commodity transactions means the principal
authorizes the attorney in fact to do the following:
(1) Accept as a gift or as security for a loan, reject, demand,
buy, receive, or otherwise acquire ownership or possession of
a bond, a share, an instrument of similar character, a commodity
interest, or an instrument with respect to the bond, share, or
interest, together with the interest, dividends, proceeds, or other
distributions connected with the instruments.
(2) Sell, sell short, exchange, transfer with or without a
guaranty, release, surrender, hypothecate, pledge, grant options
concerning, loan, trade in, or otherwise dispose of a bond, a
share, an instrument of similar character, a commodity interest,
or an instrument with respect to the bond, share, or instrument.
(3) Release in whole or in part, assign the whole or a part of,
satisfy in whole or in part, and enforce by action or proceeding
a pledge, an encumbrance, a lien, or other claim as to a bond, a
share, an instrument of similar character, a commodity interest,
or an interest with respect to the bond, share, or interest when
the pledge, lien, or other claim is owned or claimed to be owned
by the principal.
(4) Perform acts of management or conservation with respect to
a bond, a share, an instrument of similar character, a commodity
interest, or an interest with respect to the bond, share, or
interest, owned or claimed to be owned by the principal, or in
which the principal claims to have an interest, including the
power to do the following:
(A) Insure against casualty, liability, or loss.
(B) Obtain, regain possession of, or protect the principal's
interest by action or proceeding.
(C) Pay, compromise, or contest taxes and assessments.
(D) Apply for and receive refunds for taxes and assessments.
(E) Consent to and participate in a reorganization,
recapitalization, liquidation, merger, consolidation, sale,
lease, or other change in or revival of a corporation or an
association, in the financial structure of a corporation or an
association, or in the priorities, voting rights, or other special
rights with respect to the corporation or association.
(F) Become a depositor with a protective, reorganization, or
similar committee of the bond, share, instrument of similar
character, commodity interest, or an interest with respect to
the bond, share, or interest belonging to the principal, and
make payments reasonably incident to becoming a depositor.
(G) Exercise or sell an option, a conversion, or a similar
right.
(H) Vote in person or by the granting of a proxy with or
without the power of substitution, either discretionary,
general, or otherwise.
(5) Carry in the name of a nominee selected by the attorney in
fact evidence of the ownership of a bond, a share, an instrument
of similar character, a commodity interest, or an interest with
respect to the bond, share, or interest belonging to the principal.
(6) Employ in any way believed to be desirable by the attorney
in fact a bond, a share, an instrument of similar character, a
commodity interest, or an interest with respect to the bond,
share, or interest in which the principal has or claims to have an
interest for the protection or continued operation of a
speculative or margin transaction begun or personally
guaranteed in whole or in part by the principal.
(7) Demand, receive, or obtain by action or proceeding money
or other things of value to which the principal is, may become,
or claims to be entitled as the proceeds of an interest in a bond,
a share, an instrument of similar character, a commodity
interest, or an interest with respect to the bond, share, or
interest, or of a transaction permitted under this section,
conserve, invest, disburse, or use anything received for a
purpose permitted under this section, and reimburse the attorney
in fact for expenditures properly made in the execution of
powers conferred upon the attorney in fact.
(8) Agree and contract in any manner and on any terms with a
broker or other person the attorney in fact selects to accomplish
a purpose permitted under this section and perform, rescind,
reform, release, or modify the agreement or contract or a similar
agreement made by or on behalf of the principal.
(9) Execute, acknowledge, seal, and deliver a consent, an
agreement, an authorization, an assignment, a revocation, a
notice, a waiver of notice, a check, or an instrument the attorney
in fact considers useful to accomplish a purpose permitted
under this section.
(10) Execute, acknowledge, and file a report or certificate
required by law or governmental regulation.
(11) Prosecute, defend, submit to arbitration, settle, and propose
or accept a compromise with respect to a claim existing in favor
of or against the principal based on or involving a bond, share,
or commodity transaction, or intervene in a related action or
proceeding.
(12) Hire, discharge, and compensate an attorney, accountant,
expert witness, or other assistant when the attorney in fact
considers the action to be desirable for the proper execution by
the attorney in fact of a power described in this section and
keep needed records.
(13) Perform any other acts with respect to a bond, a share, an
instrument of similar character, a commodity, or an interest
with respect to a commodity.
(b) The powers described in this section are exercisable equally
with respect to a bond, a share, an instrument of similar character, a
commodity, or an instrument with respect to a commodity owned by
the principal at the time of the giving of the power of attorney or
acquired after that time, whether located in Indiana or in another
jurisdiction.
As added by P.L.149-1991, SEC.2.
Last modified: May 27, 2006