Title Examination Standards
Chapter 1, App.
Chapter 12. Corporations
§12.5. Corporate Powers of Attorney.

1. A. If a recorded instrument has been executed by an attorney in fact on behalf of a corporation, the examiner should accept the instrument if:

   1. 1. the power of attorney authorizing the attorney in fact to act on behalf of the corporation is executed in the same manner as a corporate conveyance,
   2. 2. the power of attorney is recorded in the office of the county clerk,
   3. 3. the power of attorney shows that the attorney in fact had the authority to execute the recorded instrument, and
   4. 4. the power of attorney was executed before the recorded instrument was executed.

2. B. Notwithstanding paragraph A above, if a recorded instrument has been executed by an attorney in fact on behalf of a corporation, the examiner should accept the instrument if the instrument has been of record for at least five (5) years even though power of attorney has not been recorded in the office of the county clerk of the county in which the property is located.

   Authority: 16 O.S. §§ 3, 20, 53, 27a, 93.

The 1995 Report of the Title Examination Standards Committee recommended this new standard to respond to statutory changes in Title 16, O.S. 66 O.B.J. 3256, 3257-8 (10/21/95). The Real Property Section approved the Committee's recommendation on November 9, 1995, and the House of Delegates adopted the standard on November 10, 1995, 66 O.B.J.3751 (1995).

The 1997 Report of the Title Examination Standards Committee proposed adding a new subsection B with supporting authority and renumbering the remainder of the standard. 68 O.B.J. 3298 (10/18/97). The Real Property Law Section approved the proposal, November 6, 1997 and the House of Delegates adopted the amendment, November 7, 1997. 68 O.B.J. 3707 (11/15/97).