Powers of Attorney TR/03/09 (04/14/17)

Transcription

1 Powers of Attorney 1

2 What can we do with a POA? Having a valid Power of Attorney (POA) allows Mallory Alexander Int l Logistics to transact customs business and create/sign commercial documents on behalf our clients. POAs provide Mallory authorization: Imports: ISF filings Submit 5106 messages Perform customs clearance & PGA services Exports: EEI filings Create/sign Commercial documents Both Import/Export Endorse bills of lading Handle Carnets When using Mallory s controlled POA form the above applies. POAs in other formats may authorize more or less. All POAs on a form other than Mallory s form must be reviewed and approved by Compliance. 2

3 Types of Authorization Forms Customs POA (form MA CO4C) When completed properly is valid for both import and export business transactions. Limited Export only POA (form MA CO2) Blanket agreement for export transactions only. See EEI class for more information. Shipper s Letter of Instructions (form MA CO28(a)) Written Authorization (Forms MA CO18 & MA CO19) For exports only, provides authorization to file the EEI for the one shipment on the SLI. See EEI class for more information. For exports only and only authorizes EEI filing. Form is valid until revoked in writing. See EEI class for more information. All forms are located on the intranet QMS Documents Corporate Forms. Forms should always be pulled from the intranet. DO NOT save to desktop/documents. 3

4 Validating POAs Mallory has a strict validation policy for POAs which includes vetting new clients to limit liability and exposure. The practice of vetting or validating new clients helps to protect Mallory from taking on unsatisfactory business partnerships. Unsatisfactory partnerships would be entities with an inadequate business history with the US government or otherwise. Validation of new clients will also protect Mallory from entities that intend to evade/violate regulations. TFTEA Section 116 places responsibility of vetting importers on the broker. Brokers must keep records of the vetting for all importers of record per the regulations. Not properly vetting importers of record or other violations of these regulations will result in fines and penalties. 4

5 Validation Part 1: Accepting a New POA (Import Only) 1 Mallory representative to have the Client Information form MA IM23 completed by either the client or by the Mallory CSR via conversation with client Mallory to collect a copy of the clients business license, articles of incorporations, or other tax identification form as available. Mallory representative will use the client information form and run an Importer Bond Query on number presented (EIN/SSN/CAS) to crossreference the data received with the data CBP has on file. If the results of the bond query are different from the information provided by the client, verify data with client and review with management and/or compliance for next step. If the Bond Query results match the information provided, then Mallory Representative may pre-key power of attorney MA CO4C form to present to client for signing /dating. Handwritten Power of Attorney will not be accepted. After signed POA is returned, Mallory representative will use a Secretary of State, or equivalent, business search looking to validate the new client business information and list of corporate officers if available. 7 All POA documents must be reviewed by management/designee/compliance prior to loading into clients org. 5

6 Validation Part 2: Review Process for New POAs (Import and Export) Each branch must have a manager or designee assigned & accountable for reviewing all POAs. The manager or branch designee is responsible for: Insuring the power of attorney is properly completed and meets regulatory specifications. Are there any concerns with the signed POA, business /tax documents, and/or the business search? Contact: Compliance@mallorygroup.com Confirming the right POA has been completed for the business Mallory will be handling. A customs POA can be used for both import and export but an export only POA does not cover import customs business. Saving all POA and supporting documents to the clients organization in CargoWise. Saving all POA and supporting documents to the Valid POA Binder, including any originals received. Expired POA are kept in Expired POA binder. Ensuring the appropriate person(s) handling the account are aware of the location of POA and supporting documents. 6

7 Non-Mallory & Altered Mallory POAs If clients ask Mallory to accept a non-mallory POA, management or the designee should review the wording and compare it to Mallory s POA documents. If a client alters or amends (adds info, marks through words, removes info) a Mallory POA management or the designee should review. Forward these POAs to Compliance for additional review and approval prior to adding to an ORG. If there are differences, note them in the to compliance. 7

8 Client Organization Details The data on the POA and supporting documents should be reflected in the clients org in our system. If the data in the org account do not match the information on your authorization, do not request changes to information in the system or create temp org account. (follow below steps) Consult with the person currently handling the business, manager/designee, and/or compliance to determine the correct course of action to take. If the EIN/Tax ID, SSN, or CBP assigned number are different, a new org may be required with credit review process. Seek management assistance prior to proceeding. Always do a search in CW using the address shown for the company and/or search for EIN (as registration number) prior to creating a temp org account. 8

9 POA Form MA CO4C Mallory s POA fill form comes with 4 pages: Page 1 is the POA and has numbered fields, each of which must be completed. Page 2 is an instruction sheet on how to fill in the POA. Page 3 is required for partnerships only. Page 4 is only required for Corporations & LLCs when the signor of POA page 1 is not a recognized officer of the company, as noted on the instructions sheet (page 2). Form must be typed, handwritten form is not acceptable. 9

10 POA Form MA CO4C (Cont d) Number 1 on the POA is selecting the type of entity. The option selected here will dictate how the remainder of the form is completed. Corporation A business authorized by state statute Limited Liability Corporation An entity that has similarities to a partnership. General Partnership Two or more general partners operating a business a list of the partners noted on letterhead must be attached. Limited Partnership In addition to two or more general partners, there are one or more limited partners operating a business a list of the partners noted on letterhead must be attached. Sole Proprietorship A business owned and run by an individual Individual A person acting in a non-business capacity Non-Resident of USA Company residing outside of the United States. Requires a note on their letterhead of a U.S. person or company that is authorized to accept service of process against such non-resident. 10

11 POA Form MA CO4C (Cont d) The number recorded on this line must correspond with the data (such as company name and address) on the remainder of the POA. US based companies (Corp., LLCs, Partnerships, etc.) Record the Employer Identification Number (EIN), also known as the Federal Tax Identification Number. Individuals Foreign entities A social security number may be used when there is no EIN / Tax ID, if the entity is reported as an individual. Report the Passport number, Border Crossing number, Customs Assigned number, or DUNS number. Customs Assigned Number: Identification number assigned by CBP to a foreign importer of record 11

12 POA Form MA CO4C (Cont d) This field must show the complete, legal name of the principal of the POA. Must be the full legal name associated with the EIN/SSN/Customs Assigned Number, etc. listed in field # 2. If there is a doing business as (DBA) name, it is not to be shown in this field. If the POA is for an individual this field must be Last name, First name, middle initial, if there is one. Example: Wilson, Melzana W. For company names with the word and included, enter as & instead of writing the word and. Mallory policy for entering names and addresses on both POAs and in our system is based on CBPs name and address policy outlined in CBP Directive A

13 POA Form MA CO4C (Cont d) Under the laws of the State (4) Corps and LLCs: enter the two letter code representing the State in where the principal is registered to conduct business. Non-US Resident businesses: enter the two letter country code. Others: leave blank. Or a (5) Only complete when the principal is not a corporation, use the drop down list to select the type of company marked in step one. Doing business as (6) Only complete when the principal is not a corporation and has a "Doing Business As (DBA)" name. List the DBA name in this field. Otherwise, leave blank. 13

14 POA Form MA CO4C (Cont d) List the physical address of the principal, including the street address, city, state, and zip code. If a foreign principal, also include the country. P.O. Box addresses are not acceptable For Imports: If the importer bond query returns a different address from what the customer provides, verify the correct address with the principal. The customer should research information internally to ensure POA and bond information reports the corporate structure appropriately A name and address update may be required to be filed with CBP. 14

15 POA Form MA CO4C (Cont d) The client may choose to indicate a date that the POA should expire. Date entered should be at least 30 business days after arrival(imports) or departure(export) of goods. If not indicated, the POA will be valid until revoked by the client for corporations, individuals, and foreign based corporations. For Limited Partnerships, Limited Liability Corporations, and Partnerships, Mallory policy expires these POAs two years from the date of issue regardless of whether or not the client enters a date. (Mallory policy based on current Customs regulation.) 15

16 POA Form MA CO4C (Cont d) The name of the principal indicated in number 3 should be shown here. When there is a DBA name listed in line 6: Show the company name from line 3 followed by the letters DBA followed by the company name reported on line 6. Examples: Corporation with no dba. Line 3 says Wednesday s Wine with nothing in line 6. Line 9 would read: Wednesday s Wine. LLC with dba. Line 3 says Wednesday s Wine and line 6 reads Thursday s Troubles. Line 9 would read: Wednesday s Wine dba Thursday s Troubles 16

17 POA Form MA CO4C (Cont d) Signature of the authorized representative for the client. CBP has ruled electronic signatures are allowed. Mallory s policy allows for electronic signatures. Capacity is signor s title. (see step 10 of POA instructions) When the principal is a Corporation the title of the signor must be President, Vice President, Treasurer, or Secretary, CEO, COO, and CFO with no variations. When the POA is not signed by capacities President, Vice President, Treasurer, Secretary, CEO, COO, or CFO, a corporate certificate must be completed and signed by one of these title holders. When the principal is not a corporation, this step must be signed by a Partner, Member, Director, Owner or the Individual. When it is a partnership the signor must be a partner. A list of all partners, including the POA signor, must be available upon request by CBP. If the POA reads ABC Trade a division of XYZ Corporation, the president of ABC Trade may NOT sign the POA unless given Corporate Certification by an above named official of XYZ Corporation. 17

18 POA Form MA CO4C (Cont d) Date - mandatory Must Indicate the date signed by the signatory Witness - not mandatory. If included, this is to be a signature of an individual who witnessed the POA signing, field

19 Corporate Certificate Instructions Corporate Certificates are only required for corporations or foreign corporations when the person signing the first page of the POA is not the corporate President, Vice President, Treasurer, Secretary, CEO, COO, or CFO. Name of Corporate officer of company Name of business Name of person that signed the POA Title of person that signed President, Vice President, Treasurer, Secretary, CEO, COO, or CFO State Incorporated in Day Month Year City of signing # Month Year Signature of Corporate officer Date Signed 19

20 Common POA Errors Misspelling grantor s, principal s or broker s name. Incorrect abbreviation or punctuation. Failure to sign and/or date; Showing expiration date as date of signing. Failure to review all fields for accuracy. Designating a division of a corporation as the grantor. Signors other than president, vice president, secretary, treasurer, CEO, COO, or CFO and errors on Corp Cert s. Handwritten POAs. 20

21 Important to Note For all questions, concerns, or uncertainty regarding POAs, contact Compliance and department manager. Not having proper authorization exposes Mallory to potential fines and penalties from Customs. 21