For this blog post I want to talk about two forms that are pretty standard for a TTB application, regardless of whether or not you’re a distillery or brewery. The forms are the Power of Attorney form and the Signing Authority form-both of which are linked below.
What are the Power of Attorney and Signing Authority forms and what do they mean? Why do I have to sign these forms?
The Power of Attorney form designates someone, usually legal representation, as the Attorney of Record for the company. This attorney can speak on behalf of the company, submit applications (such as the company’s TTB application), etc. because the company delegated the attorney that authority. The Power of Attorney has a limited purpose, meaning it’s specific to just the company’s TTB application. The Power of Attorney does NOT give the attorney legal authority to go beyond the scope of their authority, such as buying equipment, executing leases, etc.
The Signing Authority form identifies who can sign on behalf of the company, such as a president, manager, member, etc. This is usually granted in a company’s internal structural document (i.e. an operating agreement or bylaws). Sometimes signing authority is granted to a specific person, such as Joe Doe who is a member, or signing authority can be granted to a title, such as any member or any manager. It really just depends on what you want for your company.
Remember: signing authority is for anything TTB related.
In terms of Brewers Reports: the person or title that has signing authority can potentially sign your company’s Brewers Report. Why? Because the signing authority is for the TTB.
If you have any questions please do not hesitate to email me at firstname.lastname@example.org or email@example.com or call 919-335-5291.
Be sure to check out Beer Law Center and Matheson Law Office for all things NC legal.
Contact the TTB