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#2212710 - 05/02/19 05:27 PM Business Account Opened by POA
Oscar Offline
Member
Joined: Aug 2017
Posts: 53
We have a business account that was opened with a POA and the attorney in fact added himself as a signer. How much does a POA have to state regarding authorization to be able to open a business account. It basically just states "any acts that are necessary to preserve and further my business interests." Regarding financial stuff, it does not specifically say open or close accounts. It says to manage financial affairs such as bank accounts and exercise financial transactions. Doesn't it need to say something more specific about being able to open an account at least?

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#2212713 - 05/02/19 05:33 PM Re: Business Account Opened by POA Oscar
BrianC Online
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BrianC
Joined: Nov 2004
Posts: 6,694
Illinois
This will be governed by the laws of your state. If you're not sure, bank counsel should be reviewing the POA document and offering a legal opinion on what the POA can and cannot do on behalf of a business. Additionally, the business resolution of authority grants certain powers to a business owner which may or may not include designating a fiduciary to act on the business' behalf. This is not a question that can be answered in these forums by non-lawyers who have not reviewed all relevant documents and laws.
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#2213111 - 05/08/19 05:39 PM Re: Business Account Opened by POA Oscar
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Additionally, the AIF would not have authorization to have himself included as an authorized signer unless (1) the entity identified him as an authorized signer in its resolution to open the account or (2) the power of attorney expressly gave him the authorization.
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