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Bank Disburses Funds without Both Signatures

Can a bank disburse funds from an account which requires two signatures without both signatures?


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In spite of best efforts to adhere to two signature requirements, banks sometimes miss a check with one of the signatures missing, because of the highly automated processing methods used today in banking. In fact, most banks have stopped or are attempting to discontinue any agreements to restrict payment agreements involving multiple signature requirements.

If a bank has a two-signatures required agreement in place and pays a check with only one signature, that breaches the agreement. The legal effect is the same as if the check had not been signed at all. However, if the payment benefited the customer (for example, if the payment was made to a creditor of the customer such as a utility company), the customer would probably have no claim for damages against the bank.

Published on BankingQuestions.com 8/18/10