Can a Limited Liability Company Designate Someone with Power of Attorney for Real Estate Transactions?

A Limited Liability Company can execute a Power of Attorney document for nearly any business transaction, naming an Attorney-in-Fact to perform some or all functions or duties on behalf of the LLC.

Before executing a Power of Attorney, the LLC may wish to consider whether it needs to prepare written authorizations permitting the company members or managers to issue such power or authority to a third party. Whether this written authorization is required may be spelled out in the LLC’s Operating Agreement.

A resolution is a document prepared and executed by the members of the LLC confirming that the members have authorized certain action to be undertaken by the company, and can even authorize a person (usually a LLC member or manager) to take certain actions on behalf of the LLC.

However, an LLC resolution may or may not have the same function or permit the performance of a task as does the Power of Attorney document. In those cases, it may be wise to have both documents.

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