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#2270231 - 05/09/22 10:33 PM Legal Entity Verification & Authority to Act
BSA Aficionada Offline
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Joined: Sep 2015
Posts: 91
Is it necessary or prudent to collect a Fictitious Business Name Certificate, Articles of Organization, or Articles of Incorporation during online business deposit account opening for sole proprietors, single member LLCs, or single shareholder corporations if automated verification performs Secretary of State and county filing retrieval? Based on state/county availability, each record may provide entity name, registration date, entity type, registered addresses, and corporate officers. If yes, for what purpose?

If collecting a Bank-branded depository resolution, does it offer additional protections if downloaded, executed with a wet signature, and uploaded vs. embedded within the new account workflow and e-signed?

Is the depository resolution sufficient to determine who has authority to act on behalf of business, or should the Operating Agreement or By-Laws also be collected?

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#2270235 - 05/10/22 11:10 AM Re: Legal Entity Verification & Authority to Act BSA Aficionada
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,400
Galveston, TX
These are questions best presented to your legal counsel. For on-line account openings, I would think your due diligence would be higher and not lower than opening accounts in person. Without a review of the corporate documents, how do you know who is or is not entitled to open the account. Also, without the due diligence by the bank, if there is fraud or embezzlement involved, the bank is going to have little to defend themselves with in court.
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