For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is by an affiant as an attorney-in-fact for a corporation.
South Dakota Affidavit by an Attorney-in-Fact for a Corporation or in the Capacity is a legal document that authorizes a designated attorney to act on behalf of a corporation or in a specific capacity. This affidavit grants the attorney the power to perform various legal acts and make decisions on behalf of the corporation or in the specified capacity. In South Dakota, there are several types of affidavits that an attorney-in-fact may need to file, depending on the specific situation. Some different types of South Dakota Affidavits by an Attorney-in-Fact for a Corporation or in the Capacity include: 1. Affidavit of Incumbency: This type of affidavit is commonly used when an attorney-in-fact needs to establish their authority to act on behalf of a corporation. It typically includes information such as the corporate name, the names and positions of the corporate officers, and the powers delegated to the attorney-in-fact. 2. Affidavit of Corporate Resolution: This affidavit is often required when a corporation needs to authorize an attorney-in-fact to execute certain legal documents or enter into specific agreements. It contains the details of the corporate resolution authorizing the attorney-in-fact's actions and may include specific instructions or limitations. 3. Affidavit of Capacity: This type of affidavit is used when an attorney-in-fact needs to establish their authority to act in a specific capacity, such as a guardian, conservator, or personal representative. It includes information about the legal authority granted to the attorney-in-fact and their responsibilities in that capacity. 4. Affidavit of Power of Attorney: This affidavit is essential when an attorney-in-fact wants to demonstrate their authority to act on behalf of another individual or entity. It should detail the specific powers granted under the power of attorney, the duration of the authority, and any limitations or conditions. It is important to consult with a qualified attorney or legal professional to properly draft and execute the specific South Dakota Affidavit by an Attorney-in-Fact for a Corporation or in the Capacity that best suits the particular circumstances. Failure to adhere to the legal requirements may result in invalidation of the affidavit or unintended consequences.
