What is the significance of the facsimile signature and seal used in the Power of Attorney for Chicken Guy?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020.
STATE OF MINNESOTA HENNEPIN COUNTY •
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Paul J. Brehm, Senior Vice Presiden
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 40–46)
What This Means (2025 FDD)
According to the 2025 FDD, the facsimile signature and seal used in the Power of Attorney relate to the authority granted to an Attorney-in-Fact by the Atlantic Specialty Insurance Company. A resolution adopted by the Board of Directors of Atlantic Specialty Insurance Company on September 25, 2012, allows for the use of facsimile signatures and the company seal on powers of attorney for executing bonds, undertakings, recognizances, or other written obligations. This means that the signature of an authorized officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile.
The resolution explicitly states that when a facsimile signature and seal are used, they are adopted by the company as the original signature of the officer and the original seal of the company. This adoption makes the signature and seal valid and binding upon the company, carrying the same force and effect as if they were manually affixed. This ensures that the Attorney-in-Fact has the full power and authority to execute documents on behalf of the company, and that these documents are legally binding.
In practical terms, this allows Atlantic Specialty Insurance Company to efficiently issue powers of attorney without requiring manual signatures and seals on each document. This is particularly useful when dealing with numerous franchise agreements across different locations, as it streamlines the process and ensures timely execution of necessary documents. The Power of Attorney was signed and sealed by facsimile under the authority of the resolution adopted September 25, 2012, by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY. The document was signed by Paul J. Brehm, Senior Vice President, on April 27, 2020.