California Legal Codes and Statutes

Article 6 - Termination of Agency

California Civil Code — §§ 2355-2357

Sections (3)

§ 2355

Amended by Stats. 1994, Ch. 307, Sec. 1. Effective January 1, 1995.

An agency is terminated, as to every person having notice thereof, by any of the following:

(a)The expiration of its term.
(b)The extinction of its subject.
(c)The death of the agent.
(d)The agent’s renunciation of the agency.
(e)The

incapacity of the agent to act as such.

§ 2356

Amended by Stats. 1994, Ch. 307, Sec. 2. Effective January 1, 1995.

(a)Unless the power of an agent is coupled with an interest in the subject of the agency, it is terminated by any of the following:
(1)Its revocation by the principal.
(2)The death of the principal.
(3)The incapacity of the principal to contract.
(b)Notwithstanding subdivision

(a), any bona fide transaction entered into with an agent by any person acting without actual knowledge of the revocation, death, or incapacity shall be binding upon the principal, his or her heirs, devisees, legatees, and other successors in interest.

(c)Nothing in this section shall affect the provisions of Section 1216.
(d)With respect to a proxy given by a person to another person relating to the exercise of voting rights, to the extent the provisions of this section conflict with or contravene any other provisions of the statutes of California pertaining to the proxy, the latter provisions shall prevail.
§ 2357

Amended by Stats. 1994, Ch. 307, Sec. 3. Effective January 1, 1995.

For the purposes of subdivision (b) of Section 2356, in the case of a principal who is an absentee as defined in Section 1403 of the Probate Code, a person shall be deemed to be without actual knowledge of:

(a)The principal’s death or incapacity while the absentee continues in missing status and until the person receives notice of the determination of the death of the absentee by the secretary concerned or the head of the department or agency concerned or the delegate of the secretary or

head.

(b)Revocation by the principal during the period described in subdivision (a).