Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the wp-migrate-db domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /srv/app/gotoiba-dev/htdocs/web/wp-includes/functions.php on line 6121
The owner of a sole proprietorship business account has died, and the authorized signer on the account wants to write checks on the account funds. Is that permissible? – IBA Compliance Connection

IBA Compliance Connection

Your go to source for compliance!

The owner of a sole proprietorship business account has died, and the authorized signer on the account wants to write checks on the account funds. Is that permissible?

—

by

If the business was truly a sole proprietorship, it had no legal existence outside of the owner. However, it is possible that a representative of the owner’s estate has the authority to operate the sole proprietorship after the owner’s death, either from the owner’s will or as authorized by a probate court. 755 ILCS 5/19-6(a). Without the authorization of the estate’s representative, we do not believe that a check written by the authorized signer after the account owner’s death would be properly payable.

The authorized signer’s authority to sign on behalf of the account holder is governed by agency law. Under Illinois law, an agency relationship, like that between an accountholder and an authorized signer, terminates when the principal (the accountholder) dies (unless the agency relationship was irrevocable). Ferguson v. Bill Berger Associates, Inc., 704 N.E.2d 830, 840 (1st Dist. 1998); Washington v. Caseyville Healthcare Ass’n, 284 Ill. App.3d 97, 101 (5th Dist. 1996). If the signer of a check is not an authorized signer, the check is not properly payable. 810 ILCS 5/4-401(a).