New Jersey § 46:2b-11
Full text of New Jersey New Jersey Statutes § 46:2b-11, with citation guidance and answers to common questions.
§ 46:2b-11.
If any power of attorney contains language which confers authority on the agent to
“conduct banking transactions as set forth in section 2 of P.L.1991, c. 95 ( C.46:2B-11 )”, the agent shall have the following authority under the power of attorney: a. To continue, modify or terminate any account or other banking arrangement made
by or on behalf of the principal prior to creation of the agency; b. To open, either in the name of the agent alone, the principal alone or in both
their names jointly, or otherwise, an account of any type in any banking institution
selected by the agent; to hire, remove the contents of or surrender a safe deposit
box or vault space; and to make other contracts for the procuring of other services
made available by any banking institution or safe deposit company as the agent shall
deem desirable; c. To draw, sign and deliver checks or drafts for any purpose, to withdraw by check,
order, draft, wire transfer, electronic funds transfer or otherwise, any funds or
property of the principal deposited with, or left in the custody of, any banking institution,
wherever located, either prior or subsequent to the creation of the agency, and use
any line of credit connected with any such accounts, apply for any automatic teller
machine card or debit card or use any automatic teller machine card or debit card,
including already existing cards, in connection with any such accounts and apply for
and use any bank credit card issued in the name of the agent as an alternate user,
but shall not use existing credit cards issued in the name of the principal, on existing
bank credit card accounts of the principal; d. To prepare periodic financial statements concerning the assets and liabilities
or income and expenses of the principal, and to deliver statements so prepared to
the banking institution or other person whom the agent believes to be reasonably entitled; e. To receive statements, vouchers, notices or other documents from any banking institution
and to act with respect to them; f. To have free access during normal business hours to any safe deposit box or vault
to which the principal would have access if personally present; g. To borrow money by bank overdraft, loan agreement or promissory note of the principal
given for a period or on demand and at an interest rate as the agent shall select;
to give any security out of the assets of the principal as the agent shall deem desirable
or necessary for any borrowing; to pay, renew or extend the time of payment of any
agreement or note so given or given by or on behalf of the principal; and to procure
for the principal a loan from any banking institution by any other procedure made
available by a banking institution; h. To make, assign, endorse, discount, guaranty and negotiate for any purpose all
promissory notes, checks, drafts or other negotiable or non-negotiable paper instruments
of the principal or payable to the principal or to the principal's order; to receive
the cash or other proceeds of these transactions; and to accept any draft drawn by
any person upon the principal and pay it when due; i. To receive for the principal and deal in or with any trust receipt, warehouse receipt
or other negotiable or non-negotiable instrument in which the principal has or claims
to have interest; j. To apply for and receive letters of credit or traveler's checks from any banking
institution selected by the agent, giving any related indemnity or other agreements
as the agent shall deem appropriate; k. To consent to an extension in the time of payment for any commercial paper or banking
transaction in which the principal has an interest or by which the principal is, or
might be, affected in any way; l. To demand, receive, obtain by action, proceeding or otherwise any money or other
thing of value to which the principal is, may become or may claim to be entitled to
as the proceeds of any banking transaction conducted by the principal or by the agent
in the execution of any of the powers described in this section, or partly by the
principal and partly by the agent so acting; to conserve, invest, disburse or utilize
anything so received for the purposes enumerated in this section; and to reimburse
the agent for any expenditures properly made by the agent in the execution of the
powers conferred upon the agent by the power of attorney pursuant to the provisions
of this section; m. To execute, acknowledge, seal and deliver any instrument in the name of the principal
or otherwise which the agent deems useful for the accomplishment of any purpose enumerated
in this section; n. 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 banking transaction or to intervene in any action or proceeding relating
to the banking transaction; o . To hire, discharge and compensate any attorney, accountant, expert witness or other
assistant or assistants when the agent deems the action to be appropriate for the
proper execution by the agent of any of the powers described in this section and for
maintaining the necessary records; and p. In addition to the specific acts set forth in this section, to do any other act
which the principal may do through an agent concerning any transaction with a banking
institution which affects the financial or other interests of the principal.
Frequently Asked Questions About New Jersey § 46:2b-11
What does New Jersey Statutes § 46:2b-11 cover?
Section 46:2b-11 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 46:2b-11?
A common citation format is "New Jersey Statutes § 46:2b-11" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 46:2b-11 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.