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#2205340 - 02/07/19 03:15 PM Name the Reg(s)
Blessed Offline
Diamond Poster
Joined: Oct 2007
Posts: 2,389
Does anyone know where in the Regs or in Ohio's UCC code it states that checks made out to a Business can't be deposited to a Personal account?
Ecclesiastes 10:2 (NIV)

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#2205345 - 02/07/19 03:29 PM Re: Name the Reg(s) Blessed
Adam Witmer Offline
Power Poster
Joined: Sep 2010
Posts: 2,645
This has long been a topic of discussion on these threads and I don't believe there is a law that governs this (though someone from OH may be able to chime in and you could check the uniform commercial code).

To me, it is a risk decision. Some banks allow this, but I have seen where banks have had to reimburse a business (the legal entity) for checks they cashed/deposited for individuals who did not own the business and, therefore, did not have a right to the funds. As you can imagine, the risk can elevate extremely quickly if you allow any individual customer to cash/deposit business checks.

That said, if the business is a Sole Proprietor, the individual and "business" are one in the same and, thus, I don't see a problem with this - except that it becomes difficult to differentiate between Sole Proprietors and other entities, meaning it is easier to just draw a line in the sand and say you don't allow this practice.
Adam Witmer, CRCM

All statements are my opinion, not those of my employer, and should not be taken as legal advice.

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#2205346 - 02/07/19 03:34 PM Re: Name the Reg(s) Blessed
rlcarey Online
10K Club
Joined: Jul 2001
Posts: 81,283
Galveston, TX
I highly doubt there is such a Ohio law and there is definitely nothing in any Federal regulation. The real issue is why would you allow it to happen regardless of the specific legal requirements?

Where is your authorization from the business that allows endorsement of checks and the deposit of said checks into other than the business account, does it represent embezzlement of funds from the company (and without authorization, who do you think holds the bag on that?) and worse yet, when you get the subpoena for a copy of all checks made payable to the business that have been deposited at your bank - how are you going to find them?
The opinions expressed here should not be construed to be those of my employer:

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