RSA 503:11 · Representation of Corporations and Other Business Organizations

503:11 Representation of Corporations and Other Business Organizations. –

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I.

Notwithstanding RSA 311:11, and to the extent not inconsistent with court rules, an officer, employee, partner, owner or trustee, as applicable, of a corporation, partnership, limited liability company, or trust who presents written authorization and who is not an attorney but is appearing for the organization, may represent the organization in an action cognizable as a small claim under this chapter before a district or municipal court for the purposes of entering a plea or answer on behalf of the organization, or otherwise representing the organization during the course of the small claim proceeding.

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II.

The requirement for written authorization in paragraph I shall be met by a document, signed by a duly authorized official of the organization and containing a certificate of acknowledgment to the signature, authorizing the representation, and acknowledging that the organization shall be bound by any agreement entered into by such individual or any order of the court in the matter. Any such written authorization shall be presented to the court under oath by the representative.

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III.

Nothing in this section shall prevent the court from denying representation by any individual it deems to be improper, inappropriate or unable to adequately represent the interests of the organization.

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IV.

"Duly authorized" as used in paragraph II shall mean:

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(a)

For a corporation, a resolution adopted by the board of directors.

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(b)

For a partnership, an authorization signed by a general partner.

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(c)

For a trust, an authorization signed by a trustee.

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(d)

For a limited liability company, an authorization signed by a member with management authority.

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V.

The authorization of the duly authorized official by the organization may apply to all matters or may be limited to specific matters at the election of the organization. Source. 1992, 228:2. 1993, 77:1. 1994, 195:1, eff. May 24, 1994.

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