Policies & Compliance

Award Acceptance

8.4 Signatory Authority

Only individuals with delegated institutional authority may sign proposals, agreements, contracts, or other binding documents related to sponsored projects on behalf of the University. Principal Investigators (PIs), department chairs, deans, and other University employees must not sign sponsored project documents on behalf of the University unless they have been formally delegated such authority.

Institutional Authority

As a public institution, the University derives its legal authority to enter into contracts from the State of Utah. Statutory authority ultimately resides with the Utah Board of Regents and is delegated through the University's governance structure in accordance with state law and Regents policy.

Under University policy, the Office of the Vice President for Research (OVPR) is designated as the institutional signatory authority for sponsored projects. The VPR has formally delegated this authority to the Director of the Office of Sponsored Projects (OSP). Accordingly, only OSP-authorized officials may sign proposals, grants, contracts, and related sponsored project agreements on behalf of the University.

While faculty and administrative leaders may sign internal routing or approval documents, those signatures do not bind the University to a sponsor agreement.

Legal Effect of Unauthorized Signatures

For an agreement to be enforceable against a state entity, it must be signed by an individual with actual, lawfully delegated authority. Apparent or assumed authority is not sufficient.

If a sponsored project proposal or agreement is executed by someone without proper authority, the agreement may be void and unenforceable against the University. In such cases, the University has no contractual obligations to honor the agreement.

Personal and Institutional Risks

Signing a sponsored project agreement without authority can expose individuals to significant personal and professional risk, including:

The University is not obligated to provide space, personnel, or other resources for work described in the unauthorized agreement.
Use of University facilities or personnel without proper authorization may result in administrative or disciplinary action.
The individual signer may be personally liable for performance of the agreement and compliance with applicable laws, regulations, and tax obligations.
Research funds received under an unauthorized agreement may be treated as personal income of the individual rather than University funds.
The University or the sponsor may pursue claims of misrepresentation or fraud if the individual implied authority that did not exist.
The investigator's professional credibility may be harmed if the sponsor later learns that the agreement is not legally binding.

Intellectual Property Considerations

University policies governing intellectual property apply regardless of whether an agreement was signed without authority. Research conducted using University time, facilities, equipment, or resources is subject to University intellectual property policies, and unauthorized agreements do not exempt individuals from those obligations.

Consulting Agreements

Faculty and staff may sign consulting agreements in their personal capacity, provided such activity is conducted in compliance with University conflict-of-interest, conflict-of-commitment, and consulting policies. Consulting agreements must clearly indicate that the individual is acting as a private party and not on behalf of the University.

Key Purpose of Signatory Authority Policies

Signatory authority requirements exist to:

Protect the University and its employees from unintended legal and financial obligations; and
Ensure compliance with University policy, sponsor requirements, and applicable state and federal laws.

Investigators with questions about signatory authority or sponsor communications should consult OSP prior to engaging with sponsors or executing any documents.

Go to Section 8.5 >>