TITLE 59
AGENCY
Chapter
01 Definition And Kinds Of Agency
02 Creation Of Agency
03 Powers Of Agent
04 Agent's Duty To Principal
05 Agent's Responsibility To Third Persons
06 Relationship Between Principal And Third Persons
07 Termination Of Agency
08 Auctioneers
09 Factors
10 Uniform Athlete Agents Act
11 Model Registered Agents Act
12 Uniform Power Of Attorney Act
59-1-1
Agency defined.
59-1-2
Agents--General or special.
59-1-3
Authority construed by specific rather than general terms.
59-1-4
Actual agency.
59-1-5
Ostensible agency.
59-2-1
Capacity to create.
59-2-2
Creation by precedent authorization or subsequent ratification--Consideration
unnecessary.
59-2-3
Form of authority.
59-2-4
Ratification of agent's act.
59-2-5
Ratification of part of a transaction.
59-2-6
Ratification not to work injury to third persons.
59-2-7
Rescission of ratification.
59-3-1
Agent may perform acts permitted to principal.
59-3-2
Actual authority defined.
59-3-2.1
Authority to request, receive, review, and disclose information regarding principal's
health.
59-3-3
Ostensible authority defined.
59-3-4
Agent's general authority.
59-3-5
Agent's necessary authority--Ordinary course of business.
59-3-6
Agent's necessary authority--Representation as to matter of fact.
59-3-7
Agent's power to disobey instructions.
59-3-8
Agent cannot have authority to defraud principal.
59-3-9
Exceptions to general authority--Agent cannot act in own name.
59-3-10
Exceptions to general authority--Scope of agency cannot be defined.
59-3-11
Exceptions to general authority--Forbidden acts.
59-3-12
Authority to sell real property--Power to give warranty.
59-3-13
Authority to sell personal property--Power to give warranties.
59-3-14
Authority to receive price of property.
59-3-15
Agent's delegation of powers.
59-3-16
Subagent, lawfully appointed, represents principal.
59-3-17
Responsibility as between principal and agent of agent.
59-3-18
Agent's unauthorized employment of subagent.
59-4-1
Agent must keep principal informed.
59-4-2
Collecting agent.
59-5-1
Warranty of authority.
59-5-2
Agent's responsibility as principal.
59-5-3
Surrender to third person of property received for principal.
CHAPTER 59-6
RELATIONSHIP BETWEEN PRINCIPAL AND THIRD PERSONS
59-6-1 Rights and liabilities accruing to principal.
59-6-2 Agent exceeding authority--Liability of principal.
59-6-3 Principal bound by acts of agent under ostensible authority.
59-6-4 Principal bound by agent's writings.
59-6-5 Notice to agent or principal.
59-6-6 Incomplete execution binding on principal.
59-6-7 Exclusive credit given to agent--Exoneration of principal.
59-6-8 Setoff by person dealing with agent without knowledge of agency.
59-6-9 Responsibility of principal for agent's negligence or omission.
59-6-10 Principal not responsible for unauthorized wrongs or omissions.
59-6-11 Durable Power of Attorney--Presumption--Liability--Exceptions.
CHAPTER 59-7
TERMINATION OF AGENCY
59-7-1 Acts constituting termination.
59-7-2 Termination where power of agent not coupled with an interest.
59-7-2.1 Principal--Designation--Healthcare.
59-7-2.2 Repealed.
59-7-2.3 Repealed.
59-7-2.4 Nomination--Health care--Guardian--Conservator.
59-7-2.5 Health care decisions by agent.
59-7-2.6 Physician's determination of principal's decisional capacity.
59-7-2.7 Comfort care required--Conditions for withdrawal of artificial nutrition or hydration.
59-7-2.8 Artificial nutrition and hydration for pregnant woman--Certification by physicians.
59-7-3 Repealed.
59-7-4 Repealed.
59-7-5 Repealed.
59-7-6 Repealed.
59-7-7 Repealed.
59-7-8 Immunity.
59-7-9 Acts pursuant to durable power of attorney--Absent termination provision, authority not affected by time lapse since execution of instrument.
59-7-10 Repealed.
59-7-11 Appointment of guardian terminates power of attorney.
59-9-1 Factor defined.
59-9-2 Obedience required of factor.
59-9-3 Liability under guaranty commission.
59-9-4 Factor cannot relieve himself from liability without principal's consent.
59-9-5 Actual authority to sell on credit, restrictions.
59-9-6 Insurance of uninsured property consigned to factor.
59-9-7 Delegation of authority to partner or servant.
59-9-8 Ostensible authority.
59-10-1
Short title.
59-10-2
Definitions.
59-10-3
Service of process--Subpoenas.
59-10-4
Athlete agents--Registration required--Void contracts.
59-10-5
Registration as athlete agent--Form--Requirements.
59-10-6
Certificate of registration--Issuance or denial--Renewal.
59-10-7
Suspension, revocation, or refusal to renew registration.
59-10-8
Temporary registration.
59-10-9
Registration and renewal fees.
59-10-10
Required form of contract.
59-10-11
Notice to educational institution.
59-10-12
Student-athlete's right to cancel.
59-10-13
Required records.
59-10-14
Prohibited conduct.
59-10-15
Criminal penalties.
59-10-16
Civil remedies.
59-10-17
Administrative penalty.
59-10-18
Uniformity of application and construction.
59-10-19
Electronic Signatures in Global National Commerce Act.
59-10-20
Severability.
CHAPTER 59-11
MODEL REGISTERED AGENTS ACT
59-11-1 Short title.
59-11-2 Definition of terms.
59-11-3 Filing fees.
59-11-4 Copying and certification fees.
59-11-5 Addresses in filings.
59-11-6 Appointment of registered agent.
59-11-7 Listing of commercial registered agent.
59-11-8 Index of commercial registered agent listing statements.
59-11-9 Termination of listing of commercial registered agent.
59-11-10 Service of process until new registered agent is appointed.
59-11-11 Change of registered agent by entity.
59-11-12 Change of name or address by noncommercial registered agent.
59-11-13 Change of name, address, or type of organization by commercial registered agent.
59-11-14 Cancellation of listing for failure to file statement of change of address.
59-11-15 Resignation of registered agent.
59-11-16 Service of process on entities.
59-11-17 Alternative service of process.
59-11-18 Forms of service.
59-11-19 Perfection of service.
59-11-20 Duties of registered agent.
59-11-21 Jurisdiction and venue.
59-11-22 Consistency of application.
59-11-23 Relation to Electronic Signatures in Global and National Commerce Act.
59-11-24 Annual report--Aggregated report by secretary.
59-11-24.1 Annual report--Voluntary disclosure of beneficial interests.
59-11-24.2 Annual report--Definitions.
59-11-25 Time for filing annual report.
59-11-26 Correction of annual report.
59-11-27 Civil penalty for false documents.
59-11-28 Submission by electronic means.
CHAPTER 59-12
UNIFORM POWER OF ATTORNEY ACT
59-12-1 Definitions.
59-12-2 Applicability.
59-12-3 Durable power of attorney.
59-12-4.1 Notary exception--Vehicle title transfers to insurers.
59-12-4 Execution of power of attorney.
59-12-5 Validity of power of attorney.
59-12-6 Meaning and effect of power of attorney.
59-12-7 Nomination of conservator or guardian--Relation of agent to court-appointed fiduciary.
59-12-8 When power of attorney is effective.
59-12-9 Termination of power of attorney or agent's authority.
59-12-10 Coagents and successor agents.
59-12-11 Reimbursement and compensation of agent.
59-12-12 Agent's acceptance.
59-12-13 Agent's duties.
59-12-14 Exoneration of agent.
59-12-15 Judicial relief.
59-12-16 Agent's liability.
59-12-17 Agent's resignation--Notice.
59-12-18 Acceptance of and reliance upon acknowledged power of attorney.
59-12-19 Liability for refusal to accept acknowledged power of attorney.
59-12-20 Principles of law and equity.
59-12-21 Laws applicable to financial institutions and entities.
59-12-22 Remedies under other law.
59-12-23 Authority that requires specific grant--Grant of general authority.
59-12-24 Incorporation of authority.
59-12-25 Construction of authority generally.
59-12-26 Real property.
59-12-27 Tangible personal property.
59-12-28 Stocks and bonds.
59-12-29 Commodities and options.
59-12-30 Banks and other financial institutions.
59-12-31 Operation of entity or business.
59-12-32 Insurance and annuities.
59-12-33 Estates, trusts, and other beneficial interests.
59-12-34 Claims and litigation.
59-12-35 Personal and family maintenance.
59-12-36 Benefits from governmental programs or civil or military service.
59-12-37 Retirement plans.
59-12-38 Taxes.
59-12-39 Gifts.
59-12-40 Effect on existing powers of attorney.
59-12-41 Statutory form--Power of attorney.
59-12-42 Statutory form--Agent's certification.
59-12-43 Statutory form--Revocation.
