Delegation of Contract Signature Authority Policy
Policy Statement:
The purpose of the Delegation of Contract Signature Authority Policy is to outline the contract administration process and define the authority for signing contracts and other documents on behalf of Georgia College in order to efficiently protect the University.
Definitions:
The following definitions apply to the terms as used in this Policy:
Contract
A contract is any legally enforceable agreement whether or not it is titled “contract.” Contracts include, but are not limited to, service agreements, lecture or performance agreements, licenses, nondisclosure agreements, memoranda of understanding or agreement, and terms and conditions related to all types of transactions. Contracts also include membership/affiliation applications where terms and/or conditions are included therein.
Signature Authority
Signature Authority is the authority of an individual(s) to control the disposition of departmental funding and resources in accordance with the University’s Budget Administration Policy.
Reason for the Policy:
This policy is necessary to ensure that Georgia College is complying with the University System of Georgia (BOR) policy that gives the President of Georgia College the power to explicitly delegate authority for an employee to enter into binding contracts that may be obligatory to the University in any way. Such delegation must be submitted in writing.
Proposed Outcome:
Given the scope of the contractual arrangements, Georgia College seeks to improve its operational efficiency and reduce its legal exposure by ensuring only those individuals authorized approves and signs University Contracts.
Applicability of the Policy:
This policy applies to all members of the Georgia College community.
Related Policies:
University System of Georgia Policy 2.6 Presidential Authority
Contract Management Policy
Budget Administration Policy
Policy:
No member of the University, faculty, or staff may sign a contract without specific written authorization from the President. Nor should they execute any documents binding the University in any way, unless specifically authorized in writing. All contracts entered into in the name of Georgia College must be done in a proper fashion, including signatures by the proper parties.
The University will only be bound by written contracts which have been reviewed and approved in accordance with this policy. Any individual who signs on behalf of the University without proper signature authority is not in compliance with this policy and may be personally liable for terms and conditions contained therein.
Signature Authority
Delegated authority may be withdrawn or changed at the discretion of the President. Only authorized individuals may sign contracts on behalf of Georgia College. The signature authority of those individuals is contingent upon the type of contract and the value, as described in the Delegation of Authority Memo sent by the President’s Office. The original delegation of authority memo shall be held on file in the President's office, with a copy to the Office of Legal Affairs
Signature authority automatically passes to current authorities’ successor. The signature authority delegation may not be further delegated by any person other than the University President. All delegations are to the position.
Clarification
All references to the legal review of contracts and requests for clarification of this policy should be directed to the Office of Legal Affairs. All proposed contracts must be processed in conjunction with the Contract Management Policy.
Non-Compliance:
Failure to comply with the requirements of this policy may result in disciplinary action up to and including termination or expulsion in accordance with relevant University policies and may result in prosecution in accordance with state and federal law.
Creation Date: October 2019
Revision Date: N/A
Last Reviewed Date: N/A
Next Review Date: December 2021
Responsible Department: Office of Legal Affairs
Cabinet Approval Date: 1/27/2020
Effective Date: 1/27/2020