Home >> Dictionary Of Banking >> Companies to Guarantee Guaranty >> Delegation of Authority

Delegation of Authority

cheques and trustees

DELEGATION OF AUTHORITY. Where a person is acting under authority„e.g. a trustee or an agent, he cannot (unless his appointment expressly permits it, delegate his authority ; that is, lie cannot appoint someone else to act for him.

Where an account has been opened in the names of several trustees, the cheques must be signed by all the trustees. as they cannot, unless the trust deed specially gives the power, delegate their authority to one or more of their number.

Trustees may derive their authority under a will, or a trust deed, and when any question of delegation arises, the banker should see that document and ascertain exactly what may or may not be done. If there is no permission given to delegate, then all must join in drain Mg cheques.

ft frequently happens that the trustees of a church, or chapel, or association, desire that cheques may be signed by only a few of their number, and in such cases the trust deed should be consulted. Where trustees

are numerous, it seems reasonable that a few should act for the many, but a banker would, nevertheless, be liable if the few, acting on a mandate from the whole body, drew cheques and misappropriated the money, unless the trust deed sanctioned the delegation.

An agent, or secretary, or treasurer, or manager, or other person deriving authority from a principal cannotdelegate his authority.

Where there are several executors, one may, in the absence of any instructions to the contrary, draw cheques upon the execu tors' account, hut it is desirable that a form of mandate he signed. Executors cannot, as a rule, delegate their authority to someone who is not an executor. (Sec AIANDATE.)