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How are the names on a jointly issued check to be stated?

what is the law about issuance of joint checks and how they need to be issued? we have a new software program and vendor set up is not allowing 2 names on a check. I need the law to show the programmers how the check needs to be issued. In the past both names would be on the check with "and" separating the names. All reference materials from workshops in the office were thrown away and i have no resource materials to reference. The paperwork and all legal requirements have been met. Please advise

1 reply

Jan 20, 2020

There isn't a lot of legal guidance on how joint checks must be written. Instead, joint checks are generally a creature of contract - and what format is acceptable will generally be up to the bank accepting (or rejecting) the check. So, unfortunately, there's no one-way to issue joint checks, and there isn't really any statute to point to for showing how joint checks should be done. Generally, as described in this joint check article from MultiBriefs, the two parties receiving the joint check should be separated by an "and" so as to show that both parties must endorse the check in order for it to be cashed or deposited. That same principle is discussed here: Joint Check Agreement Guide | Levelset. As mentioned in this article from Wolf, Slatkin, & Madison, it may also be valuable to put the word "jointly" or "as joint payees" among the parties' names, as well.

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