SENATE AMENDED
PRIOR PRINTER'S NO. 918 PRINTER'S NO. 2708
No. 786 Session of 2003
INTRODUCED BY GANNON, ADOLPH, BAKER, BOYES, BUNT, BUXTON,
CAPPELLI, CORNELL, COY, DeWEESE, FEESE, FICHTER, FORCIER,
GEIST, GODSHALL, HARPER, HENNESSEY, HERMAN, HORSEY, LaGROTTA,
LAUGHLIN, LESCOVITZ, LEWIS, MAHER, MANN, MARKOSEK, McCALL,
MELIO, MICOZZIE, NICKOL, SANTONI, SAYLOR, STABACK,
R. STEVENSON, T. STEVENSON, TANGRETTI, WALKO, WRIGHT, MARSICO
AND BENNINGHOFF, MARCH 10, 2003
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
SEPTEMBER 30, 2003
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 general provisions relating to powers of attorney.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5601 of Title 20 of the Pennsylvania <--
7 Consolidated Statutes is amended by adding a subsection to read:
8 § 5601. General provisions.
9 * * *
10 (e.3) Exemption from notice requirements.--A dealer as
11 defined by the act of December 22, 1983 (P.L.306, No.84), known
12 as the Board of Vehicles Act, shall be exempt from the
13 requirements of subsections (c), (d) and (e) when using a power
14 of attorney in conjunction with a sale, purchase or transfer of
15 a vehicle as authorized by 75 Pa.C.S. § 1119 (relating to
1 application for certificate of title by agent).
2 SECTION 1. SECTION 5601(E.1) OF TITLE 20 OF THE PENNSYLVANIA <--
3 CONSOLIDATED STATUTES IS AMENDED TO READ:
4 § 5601. GENERAL PROVISIONS.
5 * * *
6 (E.1) LIMITATION ON APPLICABILITY IN COMMERCIAL
7 TRANSACTION.--
8 (1) SUBSECTIONS (C), (D) AND (E) DO NOT APPLY TO A POWER
9 OR A POWER OF ATTORNEY CONTAINED IN AN INSTRUMENT USED IN A
10 COMMERCIAL TRANSACTION WHICH SIMPLY AUTHORIZES AN AGENCY
11 RELATIONSHIP. THIS PARAGRAPH INCLUDES THE FOLLOWING:
12 (I) A POWER GIVEN TO OR FOR THE BENEFIT OF A
13 CREDITOR IN CONNECTION WITH A LOAN OR OTHER CREDIT
14 TRANSACTION.
15 (II) A POWER EXCLUSIVELY GRANTED TO FACILITATE
16 TRANSFER OF STOCK, BONDS AND OTHER ASSETS.
17 (III) A POWER CONTAINED IN THE GOVERNING DOCUMENT
18 FOR A CORPORATION, PARTNERSHIP OR LIMITED LIABILITY
19 COMPANY OR OTHER LEGAL ENTITY BY WHICH A DIRECTOR,
20 PARTNER OR MEMBER AUTHORIZES OTHERS TO DO OTHER THINGS ON
21 BEHALF OF THE ENTITY.
22 (IV) A WARRANT OF ATTORNEY CONFERRING AUTHORITY TO
23 CONFESS JUDGMENT.
24 (V) A POWER GIVEN TO A DEALER AS DEFINED BY THE ACT
25 OF DECEMBER 22, 1983 (P.L.306, NO.84), KNOWN AS THE BOARD
26 OF VEHICLES ACT, WHEN USING THE POWER IN CONJUNCTION WITH
27 A SALE, PURCHASE OR TRANSFER OF A VEHICLE AS AUTHORIZED
28 BY 75 PA.C.S. § 1119 (RELATING TO APPLICATION FOR
29 CERTIFICATE OF TITLE BY AGENT).
30 (2) POWERS AND POWERS OF ATTORNEY EXEMPTED BY THIS
20030H0786B2708 - 2 -
1 SUBSECTION NEED NOT BE DATED.
2 * * *
3 Section 2. This act shall take effect in 60 days.
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