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#62576 - 02/20/03 02:22 PM Power of Attorney
Anonymous
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We have an individual who presented our bank with a Power of Attorney in which he was named Agent. There were two individual principals granting the POA. The two individuals granting the POA were authorized signers on an Incorporated business. Would this POA grant the agent access to the Incorporated business or only to accounts of the principals? My thoughts are that we would need some additional authorization from the business?

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#62577 - 02/20/03 02:43 PM Re: Power of Attorney
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Generally speaking, when a corporation wants someone to sign on a deposit account, they provide the bank with a corporate resolution and the person is designated as an authorized signer. There may or may not be a letter of authorization that accompanies the resolutions.

What you seem to have is a rather misguided attempt by corporate officers to designate someone to sign on the account. In most cases (there are always exceptions), this authority to name an authorized signer rests with the directors of corporations, not with the officers. And officers of a corporation can NEVER issue a power of attorney authorizing someone to act in the officer's capacity as an officer.

I suggest asking the company to provide you with proper documentation of the designee's authority.

And no, the paperwork you have would most definitely not apply to the officer's personal accounts. For that sort of power of attorney, you'd get signatures of the individuals without any reference to the corporation or their positions there.
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#62578 - 02/20/03 02:47 PM Re: Power of Attorney
Elwood P. Dowd Offline
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Elwood P. Dowd
Joined: Aug 2001
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Next to Harvey
POA's are governed by state law, but I'm not certain the POA is the issue here.

An authorized signer on a corporate account cannot add another authorized signer by any means. You need a resolution from the corporation adding any new signatory.
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