§ 633b-119

633B.119 Acknowledged power of attorney — acceptance and reliance. 1. For purposes of this section and section 633B.120, 'acknowledged' means purportedly verified before a notary public or other individual authorized by law to takeacknowledgments. 2. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section633B.105 that the signature is genuine. 3. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purportedagent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperlyexercising the agent’s authority may rely upon the power of attorney as if the power ofattorney was genuine, valid, and still in effect, the agent’s authority was genuine, valid, andstill in effect, and the agent had not exceeded and had not improperly exercised the authority. 4. A person that is asked to accept an acknowledged power of attorney may request, and rely upon, all of the following without further investigation: a.

nd had not improperly exercised the authority. 4. A person that is asked to accept an acknowledged power of attorney may request, and rely upon, all of the following without further investigation: a. An agent’s certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney in substantially the same form as set out in section633B.302. b. An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English. c. An opinion of agent’s counsel as to any matter of law concerning the power of attorney if the person making the request provides the reason for the request in a writing or otherrecord. 5. An English translation or an opinion of counsel requested under this section shall be provided at the principal’s expense unless the request is made more than ten business daysafter the power of attorney is presented for acceptance. 6. For purposes of this section and section 633B.120, a person who conducts activities through an employee is without actual knowledge of a fact relating to a power of attorney,a principal, or an agent if the employee conducting the transaction

33B.120, a person who conducts activities through an employee is without actual knowledge of a fact relating to a power of attorney,a principal, or an agent if the employee conducting the transaction involving the power ofattorney is without actual knowledge of the fact. 2014 Acts, ch 1078, §21Referred to in §633B.120 Sat Dec 23 12:14:11 2023 Iowa Code 2024, Section 633B.119 (13, 0)