Customer Verification - Sole Props

Posted By: jhoch

Customer Verification - Sole Props - 10/24/17 03:14 PM

Looking for guidance on using Drivers License to verify the identity of Sole Props when no other documentation available.

How about if there is an SOS filing on the Sole Prop? Is that required or would a DL still suffice?
Posted By: Daisy Doodle

Re: Customer Verification - Sole Props - 10/24/17 03:25 PM

A sole prop is not a separate entity from the owner, so no need to document it's existence. Document the owner's existence. If they use an assumed name, as many do, your policy might require an assumed name certificate. Ours does.
Posted By: RockChucker, CAMS

Re: Customer Verification - Sole Props - 10/24/17 04:25 PM

Our program runs similar to Daisy. ID the owner and if the name of the sole prop does not include the individuals legal name we require an Assumed Business Name certificate from the SOS.
Posted By: Elwood P. Dowd

Re: Customer Verification - Sole Props - 10/24/17 06:04 PM

You verify the identity of the individual to satisfy the CIP regulation.

You verify the existence of the business because you are a good banker and realize that you are going to guarantee the endorsement on every check deposited into the account; simple prudence would drive you to verify that the individual had the legal right to use the business name.
Posted By: kw004h

Re: Customer Verification - Sole Props - 10/24/17 08:46 PM

You verify the identity of the Sole Proprietor (the human) with the Driver's License.

The only way to verify that the human in front of you has claim on the Business Name is to check with the Secretary of State and/or the county clerk (depending on your rules in your state). If you're accepting checks payable to a Business Name, I'd want to verify.
Posted By: Just Jean

Re: Customer Verification - Sole Props - 10/25/17 07:28 PM

Recommendations for locales that don't require registration of any type for sole proprietorships?
Posted By: Princess Romeo

Re: Customer Verification - Sole Props - 10/25/17 08:33 PM

As noted above, this is not a CIP issue since a Sole Prop is not a distinct entity - but rather an "aka" of an individual. Once you have performed CIP on the individual, your regulatory obligation is done. Any further verification would be a matter of your own bank policy and prudent banking practices.

If you live in a state that does not require a fictitious business name filing, then you should check with legal counsel that is familiar with banking issues as to a best practice.

FYI - here is a state-by-state list of filing requirements:
http://dbafilingonline.com/dba-by-state/
Posted By: RockChucker, CAMS

Re: Customer Verification - Sole Props - 10/26/17 04:01 PM

Nice website Princess! Thanks for the resource.