Agreement signed before approved valid?

[Guest Karen]

Is an agreement valid if the date the Chairman signed it is before it was approved by the board?

Thanks,

[David A Foulkes]

Is an agreement valid if the date the Chairman signed it is before it was approved by the board?

Thanks,

Without know what the agreement is, and without having seen your bylaws (please don't post them here), I'd have to say maybe, maybe not. Maybe your bylaws give the Chairman that authority. Maybe the Board voted on this over the phone, and will need to ratify it (or has ratified it) at a subsequent meeting.

A few more details couldn't hurt.

[Rev Ed]

I know in some organizations, if a bill/agreement comes in with an offer of a discount if paid in x days, it can be more prudent for the Chairman/President/Treasurer to be given permission to pay the bill, either by phone (of better yet by e-mail so it is in writing) and then having the actual permission (i.e. approved motion) made at the next regular meeting.

[Chris Harrison]

I know in some organizations, if a bill/agreement comes in with an offer of a discount if paid in x days, it can be more prudent for the Chairman/President/Treasurer to be given permission to pay the bill, either by phone (of better yet by e-mail so it is in writing) and then having the actual permission (i.e. approved motion) made at the next regular meeting.

In one organization I belonged to we adopted a policy which authorized the President to have the Treasurer write the check up to certain amount (beyond that would require the agreement/majority vote of more officers up to the entire membership via Special Meeting).

[Rev Ed]

In one organization I belonged to we adopted a policy which authorized the President to have the Treasurer write the check up to certain amount (beyond that would require the agreement/majority vote of more officers up to the entire membership via Special Meeting).

That works too.

[Trina]

Is an agreement valid if the date the Chairman signed it is before it was approved by the board?

Thanks,

Probably yes. That's assuming the board did, in fact, approve the signing of the agreement (by adopting a motion at a meeting), and assuming that the board has the authority to authorize the signing of the agreement.

'Cases where the procedure of ratification is applicable include... action taken by officers, committees, delegates, or subordinate bodies in excess of their instructions or authority...' (RONR 11th ed. p. 124 ll. 27-35)

'An assembly can ratify only such actions of its officers, committees, delegates, or subordinate bodies as it would have had the right to authorize in advance.' (RONR p. 125 ll. 6-8)