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#1376472 - 04/19/10 06:03 PM Business Signatures
Linkpars Offline
100 Club
Joined: Jan 2007
Posts: 179
Kentucky
Could anyone point me int he direction of where to find a ruling on business signatures. I need to have something in writing as to how a business owner is to sign for a loan. Is it just their name or their name plus the business name. I think it should be both, but the higher ups need proof to be uniform.

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Lending Compliance
#1377685 - 04/20/10 10:08 PM Re: Business Signatures Linkpars
Mint Julep Offline
Diamond Poster
Mint Julep
Joined: Oct 2007
Posts: 1,152
Tennessee
You won't find any banking rule. It is contract law. A signature line for a loan to a business should be constructed to reflect the business name, the person signing on behalf of the business and the title of the person signing. That title should reflect the actual authority and capacity to execute documents, not just "apparent" authority. That authority would be granted in the entities governing documents (by-laws, operating agreement, partnership agreement) and clarified, repeated and restated in a borrowing resolution.

People who foolishly sign business loans with only their personal signature may be taking on the debt personally. At a prior bank we successfully pursued collection of a debt against the individual based on the signature line after the business filed bankruptcy.

The bigger picture here is that failing to identify the signers of an entity is likely a violation of your bank's CIP rules.

I recommend getting an attorney who does collections type work to present a class on signature lines to your lenders. When it is over, you can help them scoop their jaws off the floor.
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#1377720 - 04/21/10 12:48 AM Re: Business Signatures Mint Julep
HRH Okie Banker Offline
Power Poster
Joined: Jan 2003
Posts: 3,070
Oklahoma
I totally agree with MJ. I just want to add a comment. I follow my signature with my title anytime I sign documents or contracts on behalf of the bank. I too have seen what ambiguity will do to a document in court and taking the guess work out benefits all involved.
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