North Carolina § 32C-2-205 - Tangible personal property.

§ 32C-2-205. Tangible personal property.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to do all of the following: Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property. Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose of tangible personal property or an interest in tangible personal property. Grant a security interest in tangible personal property or an interest in tangible personal property as security for the principal or any entity in which the principal has an ownership interest to borrow money or to pay, renew, or extend the time of payment of (i) a debt of the principal, (ii) a debt guaranteed by the principal, (iii) a debt of any entity in which the principal has an ownership interest, or (iv) a debt guaranteed by any entity in which the principal has an ownership interest. Release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property. Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including all of the following: Insuring against liability or casualty or other loss. Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise. Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments. Moving the property from place to place. Storing the property for hire or on a gratuitous bailment. Using and making repairs, alterations, or improvements to the property. Change the form of title of an interest in tangible personal property. History (2017-153, s. 1.) NORTH CAROLINA COMMENT This section is similar to, but more comprehensive than, the powers concerning tangible personal property defined in former G.S. 32A-2(2) that could be incorporated in the Statutory Short Form Power of Attorney pursuant to former G.S. 32A-1 although the powers defined in former G.S. 32A-2 encompassed intangible as well as tangible personal property. Subdivision (3) modified Section 205 of the Uniform Power of Attorney Act by extending the power to grant a security interest in a security "for the principal or any entity in which the principal has an ownership interest" and adds with respect to the payment of a debt the following: "(iii) a debt of any entity in which the principal has an ownership interest, or (iv) a debt guaranteed by any entity in which the principal has an ownership interest". Editor's Note. - Session Laws 2017-153, s. 3, provides, in part: "The Revisor of Statutes shall cause to be printed, as annotations to the published General Statutes, all relevant portions of the Official Comments to the Uniform Power of Attorney Act (2006) and all explanatory comments of the drafters of this act as the Revisor may deem appropriate."