Functus Officio Law & Legal Definition


Functus Officio is a Latin term meaning “having performed his or her office.” With regard to an officer or official body, it means without further authority or legal competence because the duties and functions of the original commission have been fully accomplished.

Functus means “having performed” and officio means “office.” Thus, the phrase functus officio means “having performed his or her office,” which in turn means that the public officer is without further authority or legal competence because the duties and functions of the original commission have been fully accomplished. [ Logan v. WMC Mortg. Corp. (In re Gray), 410 B.R. 270, 275 (Bankr. S.D. Ohio 2009)];

For example, the functus officio doctrine dictates that, once arbitrators have fully exercised their authority to adjudicate the issues submitted to them, “their authority over those questions is ended,” and “the arbitrators have no further authority, absent agreement by the parties, to redetermine th[ose] issue[s].” [T.Co Metals, LLC v. Dempsey Pipe & Supply, Inc., 2010 U.S. App. LEXIS 893 (2d Cir. Jan. 14, 2010); See also, Trade & Transp., Inc. v. Natural Petroleum Charterers Inc., 931 F.2d 191, 195 (2d Cir. 1991). ]