February 20, 2012

Posted on February 20th, 2012

CLIFTON N. MILLER – BANKS MAY BE LIABILE FOR ACCEPTING CHECKS MADE PAYABLE TO A PRINCIPAL THAT ARE DEPOSITED BY A FIDUCIARY INTO THE FIDUCIARY’S PERSONAL ACCOUNT.

In West v. Regions Bank, 2011 WL 3059693 (July 26, 2011), the Tennessee Court of Appeals addresses the statutory immunity granted to banks for recognizing a power of attorney pursuant to T.C.A. §45-2-707(d) and whether the bank loses such immunity for a claim arising out of the UCC, more specifically T.C.A. § 47-3-307 and 420.

Client Alert; Bank Statutory Immunity

Service:

Our firm prides itself on responding to clients quickly, listening and understanding their needs and working with them to find the best solution for their unique legal issue.

Tradition:

Henry & McCord has served Middle Tennessee area for over 65 years, making it one of the oldest and most established firms in this area. Our firm is committed to keeping the traditions of our founders alive...these include reverence for the law, respect for the client and service to the community.

Experience:

The lawyers at Henry & McCord have over 150 years of combined experience. Clients receive the benefit from our vast experience and wealth of knowledge.

Location:

Businesses, residents and those seeking to either live or work in Middle Tennessee also enjoy Henry & McCord's Convenient Location.

NEWS / PUBLICATIONS