Presidential Signature Authority
Presidential Signature AuthorityThe Board of Regents of the University System of Georgia (BOR) has delegated authority to the president of each system institution or their designee to execute certain types of agreements. This policy articulates requirements for Presidential designation of signature authority at the Georgia Institute of Technology (Georgia Tech or the Institute).
The President of the Institute may designate officials of the Institute to execute Agreements in the name of The Board of Regents of the University System of Georgia by and on behalf of the Georgia Institute of Technology. This designation by the President can be accomplished only by a written delegation of authority. Such delegation of signature authority by the President shall apply only to the incumbent (or interim) in the position named in the written delegation, or in any successor title to the named position.
Unless authority is expressly delegated by the President, an individual does not have authority to bind the Institute. The President of the Institute may periodically issue a memorandum or other writing to confirm the conditions under which other officials of the Institute have been authorized to enter in to binding contracts on behalf of the Institute. A Delegation of Presidential Authority Memorandum will supersede and replace all prior delegations.
The official exercising the delegated signature authority is authorized to execute only those Agreements that are specified in the written delegation. All such agreements must first be reviewed by the Office of the General Counsel (OGC) prior to signature unless the OGC has created a template document for the signatory's use.
An official may not further delegate their delegated signature authority.
This policy does not address Purchasing Agreements which will be reviewed, approved, and executed by Georgia Tech Purchasing.
This policy applies to all employees of the Institute and applies to the execution of Agreements as specified in the written delegation.
| Agreements | Those agreements described in the BOR policies (see Related Information below). The term includes any document entered into on behalf of the Institute in which the parties make legally enforceable commitments, whether or not titled a contract or agreement. Terms used to describe an Agreement may include letter of agreement, proprietary information agreement or non-disclosure agreement, license agreement, consortium agreement, operating agreement, or equipment loan. Agreements shall also be used in this policy to refer to memorandums of understanding, memorandums of intent, and letters of intent, which are typically non-binding. |
| Purchasing Agreements | Agreements for the purchase of supplies, materials, equipment and certain contractual services. Authority to commit Institute funds for these purposes has been delegated to Georgia Tech Procurement within the limits established by the State Department of Administrative Services. See GT Procurement Of Good and Services Policy. |
Delegated Official
An individual who has delegated signature authority pursuant to the Delegation of Presidential Authority Memorandum shall sign only those Agreements within their delegated authority.
Employees
An employee who does not have delegated signature authority shall not sign any Agreements that are intended to bind the Institute or any unit or department of the Institute. Such employees shall route Agreements to the parties identified in the Delegation of Presidential Authority Memorandum.
Office of the General Counsel
The OGC shall review and initial Agreements that are specified in the written delegations of signature authority. All such agreements must be reviewed by the OGC prior to signature unless the OGC has created a template document for the signatory’s use. The OGC may also assist in determining who is authorized to sign a specific Agreement.
Violation of this policy may result in disciplinary action up to an including termination of employment. Individuals who sign without authority may incur personal liability for any contracts or other agreements that they sign.
| Revision Date | Author | Description |
|---|---|---|
| 07-18-2011 | Legal Affairs & Risk Management | New Institute Policy |
| 09-25-2012 | Legal Affairs & Risk Management | Policy statement edited to limit scope to Presidential signature authority |
| 11-23-2015 | Legal Affairs & Risk Management | Updated policy |
| 4-22-2024 | Office of the General Counsel | Editorial Updates |