Proper signatures needed for USDA farm benefits

Producers and individuals who enroll in USDA farm programs must have proper signatures on file to maintain eligibility for program benefits according to Vickie Bouldin, Chairperson of the Warren County FSA Committee.

Oftentimes, husbands and wives, members of joint operations, limited liability companies, or corporations have members or partners who visit county offices and want to sign documents for one another. Many times, one person is designated to sign for the corporation, LLC, or joint venture. Farm Service Agency requires that proper signature authorization be on file that permits another person or member of the partnership, etc. to sign on behalf of the other person or members.

?We don?t want farmers and producers to risk losing their FSA benefits because their contract was not signed properly,? said Bouldin. ?Individuals can sign FSA documents on behalf of another individual or entity as long as acceptable evidence of authority is on file with FSA. If a document is signed by an individual without signature authority, any payments or benefits resulting from the improper signature may have to be refunded.?

Legal documents designating signature authority must be provided to FSA. For most situations, a valid power of attorney may be provided if acceptable evidence of authority does not designate the signatory.

?A valid Power of Attorney (POA) for FSA is one that is signed and properly witnessed, and remains effective until cancelled by the grantor, or either party dies, becomes incompetent or incapacitated,? said Bouldin.

Power of Attorneys may be witnessed by a FSA employee or a Notary Public. If the grantor of the power of attorney is a corporation, the corporate seal may be used in lieu of a witness. Grantors may authorize the attorney-in-fact to act on their behalf for all or specific FSA or CCC programs, for permissible transactions, for crop insurance transactions, or for specific farms.

?For individuals and their spouses, no evidence is needed unless there is written notification denying the signature authority has been provided,? said Bouldin. For someone other than an individual or spouse, the FSA-211, Power of Attorney form must be on file with FSA. For general partnerships, members who have been designated signature authority must have partnership agreements (articles of partnership), any amended partnership agreements, or any member?s signature to sign on behalf of the partnership.

?The FSA power of attorney form is the FSA-211. This form must be signed and properly witnessed, and will remain effective until cancelled by the grantor, or either party dies, becomes incompetent or incapacitated, or if an entity is dissolved,? said Bouldin. Under limited circumstances, such as active military duty, incompetent or incapacitated individuals, a non-FSA Power of Attorney may be provided.

Bouldin said that corporations, limited partnerships, limited liability companies or other similar entities, must provide copies of corporate charters, bylaws, or partnership agreements, resolution by a corporation?s board of directors, or FSA-211 signed by all officers/members. Estates, trusts, conservatorship, or guardianships, also require documents signed by an officer of the issuing court that the evidence is in full force and effect.

Bouldin says that additional information regarding signature authority may be obtained from the Farm Service Agency located at 811 Faulkner Springs Road, McMinnville. Pamphlets are available which provide information on signature authority, and proper signature form.