Business POA

UPDATED: Sep 30, 2022

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Business POA

I have a business and I want to provide my brother legal right to operate the business without limit. What type of POA should I have, if in fact a POA is required? If not a PoA then what? At this time, he only represents the Company and is not an employee.

Asked on December 30, 2016 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the business is a sole proprietorship, you would give him a limited POA giving him the authority to make business decision and control business assets for you, and  also put him on the appropriate bank accounts. (The POA does not need to give him any power over anything but your business--you can be as specific as you like in it.) If an LLC, you could do an amendment to the operating agreement giving him the necessary power (and again, put him on any accounts he needs access to). If a corporation, you could do a corporate resolution authorizing him to conduct business (and put him on the accounts as necessary).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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