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Updated over 8 years ago on . Most recent reply

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Ken McGrew
  • Investor
  • Galveston, TX
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Trouble opening bank account for LLC

Ken McGrew
  • Investor
  • Galveston, TX
Posted

I was cautioned by an attorney to never sign anything in my personal name related to the LLC but rather to sign: "by (signature), president" I have been unable, however, to open a bank account for the business. So far banks are insisting that I sign personally. Not guarantee personally but sign personally for the business account which, as I was told by the attorney, would pierce the veil. Does anyone know of banks that will have different policies or does this rule somehow not apply when it comes to bank account contracts?

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David Dachtera
  • Rental Property Investor
  • Rockford, IL
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David Dachtera
  • Rental Property Investor
  • Rockford, IL
Replied
Originally posted by @Ken McGrew:

I brought all the filings from the state and iRS. 

I'm following attorney advice which you will find repeated everywhere:  http://smallbusiness.chron.com/proper-signature-ll... Signing under the personal name allows for piercing of the viel. 

 Chase set it up with the Federal tax ID bus would not allow me to sign as president. Waukovia was the same. US bank said I'd have to sign under my social security number. 

There must be people on here who have had this issue and found solutions. 

Yeah - get another attorney! Someone who understands business entities.

I'd be curious to know where you got, "Signing under the personal name allows for piercing of the viel(sic)". An executive of a business authorized to sign such documents is often an employee, not necessarily an owner.

If bankers won't let you sign like that, take your better attorney along and have him/her explain it to them.

I have one who even trains IRS agents on the proper interpretation of the tax code (he, his partners and staff consistently win audits). I can refer you, if you like.

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