Title Examination Standards
Chapter 1, App.
Chapter 14. Limited Liability Companies
§14.3.1 Delegation of Manager's Authority.

The execution of an instrument affecting real estate on behalf of a limited liability company by a person in a capacity other than manager shall, in the absence of recorded evidence to the contrary, be deemed sufficient regarding the authority of such person to bind the limited liability company if an acknowledged document executed by a manager of the limited liability company delegating authority to such person is recorded in the office of the county clerk in the county in which the real estate is located. The document shall clearly evidence the delegation of the manager’s rights and powers to the person in such person’s individual, agent or officer capacity, as applicable, for the purpose of execution of the instrument or instruments on behalf of the limited liability company.

Authority:

18 O.S. Sections 2013 & 2016

Comment: In the event no manager has been appointed, the member or members of the limited liability company shall act as manager.

Sept. 1, 1992.

History: The Title Examination Standard Committee Report of 2012 recommended the adoption of this new standard to establish what is required to document the delegation of authority by a manager of a limited liability company 83 O.B.J. 2211, October 13, 2012. The Real Property Law Section approved the committee’s recommendation on November 15, 2012, and the recommendation was approved by the House of Delegates on November 16, 2012.

The 2021 Title Examination Standards Sub-Committee of the Real Property Law Section recommended the following editorial changes to the Title Standards as they appear on OSCN to bring the printed handbook and OSCN into conformity. The Real Property Section approved the proposal, and the House of Delegates adopted the amendment on November 12, 2021. (superseded document available)