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Can Business Partner Open Private Account?

Can my business partner open an account at our bank without my knowledge?


The answer to your question depends entirely on the form of your business organization and who is authorized by the business to transact business on its behalf. Some business partnerships are very informal, and there's no real legal framework to them. In such cases, a bank would not want to deal with only one of the individuals except for individual (personal) business.

If the business is a legal entity -- a legal partnership, a limited liability company (LLC), a corporation, for example -- it should have a governing body and a business agreement or articles of incorporation or bylaws that may state who can act on the business' behalf. If there are directors, they vote to designate who can act for the business. At any rate, the bank should ask for evidence of an individual's authority to represent the business and open an account for that business.

If you are concerned that your business partner may be acting behind your back to set up an account, you can ask the bank if any such account has been established. This assumes you can confirm for the bank your right to such information. If you discover a problem, you should contact an attorney quickly to advise you on how to protect your interest in the business.

Published on BankingQuestions.com 8/20/08