Legal Question in Business Law in California
If a check is written to 2 parties and is marked JT for Joint Tenancy do both parties have to endorse the check to cash it?
3 Answers from Attorneys
As a Franchise Attorney I can only say that banks are not clairvoyant. Simply putting JT after the names of two parties on a check doesn't put anyone on notice that JT stands for Joint Tenants. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
I can tell you with respect to a check, however, that if it is made out to the order of two parties, both parties must endorse it.
Not necessarily.......this is a matter of bank policy as much as anything. If the bank knows one or both as depositors it may very well accept the check based on the endorsement of one of the co-payees, especially if it is being deposited into their joint account. On the other hand, a bank may also refuse to cash a two-payee check even if both payees present it in person with photo ID in hand.
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