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Owner of Sole Prop Business Account-Cashing Checks

Question: 
Should the owner of a sole proprietor business account cash checks made payable to him personally using the business account?
Answer: 

by Randy Carey:

This is really a bank decision and will be based on your depositor agreements. Many bank require all business related checks to be deposited first, so if you get a subpoena from the IRS for all checks negotiated, you can find them.

Answer: 

by John Burnett:

If your concern is whether the bank can collect from the individual or charge the account if one of the cashed checks bounces, that can depend on the language of your deposit agreement. There is an endorsement liability under the UCC, but access to the account to cover that liability can depend on how your deposit agreement is worded.

First published on 05/05/2019

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