Fiduciaries; good faith reliance on certificate of qualification of a personal representative. (HB1411)

Introduced By

Del. Jay Leftwich (R-Chesapeake)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Fiduciaries; good faith reliance on certificate of qualification. Provides that any individual or entity conducting business in good faith with a personal representative who presents a currently effective certificate of qualification may presume that the personal representative is properly authorized to act as to any matter or transaction. The bill further provides that if such individual or entity refuses to accept a certificate of qualification for a personal representative or a guardian or conservator who has been appointed for an incapacitated person, such individual or entity is subject to (i) a court order mandating acceptance of the certificate of qualification and (ii) liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the certificate of qualification or mandates acceptance of the certificate of qualification. The bill further provides that any individual or entity shall either accept or reject a certificate of qualification of such personal representative or such guardian or conservator no later than seven business days after presentation of such certificate. The bill specifies certain circumstances under which an individual or entity is not required to accept such a certificate for a transaction. Read the Bill »

Status

03/06/2020: Passed the General Assembly

History

DateAction
01/08/2020Committee
01/08/2020Prefiled and ordered printed; offered 01/08/20 20102474D
01/08/2020Referred to Committee for Courts of Justice
01/29/2020House committee, floor amendments and substitutes offered
01/29/2020Subcommittee recommends reporting with substitute (8-Y 0-N)
01/31/2020Committee substitute printed 20105977D-H1
01/31/2020Reported from Courts of Justice with substitute (19-Y 0-N) (see vote tally)
02/04/2020Read first time
02/05/2020Read second time
02/05/2020Committee substitute agreed to 20105977D-H1
02/05/2020Engrossed by House - committee substitute HB1411H1
02/06/2020Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/06/2020VOTE: Block Vote Passage (99-Y 0-N) (see vote tally)
02/07/2020Constitutional reading dispensed
02/07/2020Referred to Committee on the Judiciary
02/24/2020Reported from Judiciary (14-Y 0-N 1-A) (see vote tally)
02/25/2020Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/26/2020Read third time
02/26/2020Reading of amendments waived
02/26/2020Amendments by Senator Obenshain agreed to
02/26/2020Engrossed by Senate as amended
02/26/2020Passed Senate with amendments (40-Y 0-N) (see vote tally)
02/28/2020Placed on Calendar
02/28/2020Senate amendments agreed to by House (97-Y 0-N)
02/28/2020VOTE: Adoption (97-Y 0-N) (see vote tally)
03/05/2020Enrolled
03/05/2020Bill text as passed House and Senate (HB1411ER)
03/06/2020Signed by Speaker
03/06/2020Signed by President
03/12/2020Enrolled Bill communicated to Governor on March 12, 2020
03/12/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020

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