5-1502D - Construction--banking transactions.

§ 5-1502D. Construction--banking  transactions.  In  a statutory short  form power of attorney, the language conferring general  authority  with  respect  to  "banking  transactions," must be construed to mean that the  principal authorizes the agent:    1. To continue, to modify, to terminate and to make  deposits  to  and  withdrawals  from  any deposit account, including any joint account with  the agent or totten trust for the benefit of the agent, or other banking  arrangement made by or on behalf of the principal prior to the  creation  of the agency, provided, however, that:    (a)  with  respect  to  joint accounts existing at the creation of the  agency, the authority granted hereby shall  not  include  the  power  to  change the title of the account by the addition of a new joint tenant or  the  deletion  of an existing joint tenant, unless the authority to make  such changes is conveyed in a statutory gifts rider to a statutory short  form power of attorney or in a non-statutory power  of  attorney  signed  and  dated  by  the  principal  with the signature of the principal duly  acknowledged in the manner  prescribed  for  the  acknowledgement  of  a  conveyance  of  real  property,  and  which  is executed pursuant to the  requirements of paragraph (b) of subdivision nine of section  5-1514  of  this title, and    (b)  with respect to totten trust accounts existing at the creation of  the agency, the authority granted hereby shall not include the power  to  add,  delete,  or  otherwise  change the designation of beneficiaries in  effect for  any  such  accounts,  unless  the  authority  to  make  such  additions,  deletions  or changes is conveyed in a statutory gifts rider  to a statutory short form power of attorney or in a non-statutory  power  of  attorney signed and dated by the principal with the signature of the  principal  duly  acknowledged  in  the   manner   prescribed   for   the  acknowledgment  of  a conveyance of real property, and which is executed  pursuant to the requirements of paragraph (b)  of  subdivision  nine  of  section 5-1514 of this title.    2.  To open in the name of the principal or on behalf of the principal  a deposit account of  any  type  with  any  banker  or  in  any  banking  institution  selected  by the agent, to make deposits to and withdrawals  from any such deposit account, to hire such safe deposit  box  or  vault  space  and  to  make  such  other  contracts  for the procuring of other  services made available by any such banker or banking institution as the  agent shall think to be desirable;    3. To make, to sign and to deliver checks or drafts for  any  purpose,  to  withdraw  by  check, order or otherwise any funds or property of the  principal deposited with, or left in  the  custody  of,  any  banker  or  banking  institution,  wherever  located,  either  before  or  after the  creation of the agency;    4. To prepare from time to time financial  statements  concerning  the  assets  and  liabilities or income and expenses of the principal, and to  deliver statements so prepared to any  banker,  banking  institution  or  other person, whom the agent believes to be reasonably entitled thereto;    5.  To  receive  statements, vouchers, notices or other documents from  any banker or banking institution and to act with respect thereto;    6. To have free access at any time or times to any safe deposit box or  vault to which the principal might have access, if personally present;    7. To borrow money by bank overdraft, or by  promissory  note  of  the  principal  given  for such period and at such interest rate as the agent  shall select, to give such security out of the assets of  the  principal  as  the  agent  shall  think  to  be desirable or necessary for any such  borrowing, to pay, to renew or to extend the time of payment of any note  so given or given by or on behalf of the principal, and to  procure  forthe principal a loan from any banker or banking institution by any other  procedure made available by such banker or institution;    8.  To  make, to assign, to indorse, to discount, to guarantee, and to  negotiate, for any and all purposes,  all  promissory  notes,  bills  of  exchange,  checks, drafts or other negotiable or non-negotiable paper of  the principal, or payable to the principal or to his order,  to  receive  the  cash or other proceeds of any such transactions, to accept any bill  of exchange or draft drawn by any person upon the principal, and to  pay  it when due;    9.  To  receive  for the principal and to deal in and to deal with any  trust receipt, warehouse receipt or other negotiable  or  non-negotiable  instrument, in which the principal has or claims to have an interest;    10.  To apply for and to receive letters of credit or travelers checks  from any banker or banking institution selected  by  the  agent,  giving  such  indemnity or other agreements in connection therewith as the agent  shall think to be desirable or necessary;    11. To consent to an extension in the time of payment with respect  to  any  commercial  paper or any banking transaction in which the principal  has an interest or by which the principal is, or might be,  affected  in  any way;    12.  To  pay,  to compromise or to contest taxes or assessments and to  apply for refunds in connection therewith;    13. To demand,  to  receive,  to  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  banking  transaction conducted by the principal himself, 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,  to invest, to disburse or to utilize anything so received  for  purposes  enumerated  in  this  section,  and  to  reimburse  the  agent  for  any  expenditures properly made  by  him  in  the  execution  of  the  powers  conferred upon him by the statutory short form power of attorney;    14.  To execute, to acknowledge, to seal and to deliver any instrument  of any kind, in the name of the principal or otherwise, which the  agent  may  think  useful  for  the  accomplishment  of  any  of  the  purposes  enumerated in this section;    15.  To  prosecute,  to  defend,  to  submit  to  alternative  dispute  resolution,  to  settle,  and  to propose or to 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 thereto;    16. To hire, to discharge, and to compensate any attorney, accountant,  expert witness or other assistant or assistants  when  the  agent  shall  think 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    17. 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 banking transaction which  does or might in any way affect the financial or other interests of  the  principal.    All   powers   described  in  this  section  5-1502D  of  the  general  obligations law shall be exercisable equally with respect to any banking  transaction engaged in by the principal at the giving of  the  power  of  attorney or thereafter engaged in, and whether conducted in the state of  New York or elsewhere.