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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).
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