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Tip Sheet Volume
5:3
What Authority Does "Your" Signature Have?
The
Authorized Signature
All documents that obligate Iowa State University
personnel, facilities, intellectual property, or other resources in any way require an authorized ISU
signature. This signature assures that appropriate policies, procedures, and legal requirements have been
addressed. ISU faculty and staff members are not considered an authorized signature for
contracts, grants, material transfer agreements, confidentially agreements, or
any other document that legally binds ISU.
For sponsored agreements, intellectual
property management, and other collaborative arrangements, there are designated
ISU signatories who are responsible for compliance. Thane Peterson, Director of the Office of Sponsored
Programs Administration (OSPA), is the
designated signatory for documents related to externally funded projects and
other collaborative arrangements, such as confidentiality and material transfer
agreements. Ken Kirkland, Director of the ISU Research Foundation (ISURF), is the designated signatory for documents
related to intellectual property disclosed to that office, such as
confidentiality, material transfer, research, and license agreements.
Some agreements are complex enough to require authorized
signatures from both OSPA and ISURF. The two offices work together on these agreements.
The Principal
Investigator’s Signature
In addition to the authorized signature, it is
appropriate to have the Principal Investigator (PI) sign agreements. The PI’s
signature provides an acknowledgement that the PI has accepted the terms and
conditions of the agreement and approves the scope of work. The terms and
conditions include the terms of confidentiality, material transfer, reporting
obligations, payment structures, etc.
Additional Signatures
For some agreements, even more signatures are
required. Department and college procedures govern whether the deans, directors, and/or department chairs also
sign the agreements. Procedures differ greatly among colleges and departments. These offices should be consulted to determine the appropriate
signatures.
The Sponsor's Signature
Usually, the authorized signatory is not the technical contact for the agreement.
Consequences Of
Inappropriately Signed Documents
The most common error in
executing documents is not obtaining the authorized signature. It is very important to remember that ISU faculty and
staff are not the only signatures necessary for a legally valid document that
binds ISU. Documents executed without an ISU authorized signature may not be
legally binding, or may make the individual who signed it personally liable (instead
of the university). In addition, there
may be unfavorable terms in the agreement that can lead to consequences such as
loss of intellectual property rights, ability to publish, and ability to
continue research. Additionally, this can cause damage to the relationship
between ISU and the third party and lead to an uncomfortable situation for
everyone involved.
Confidentiality agreements are the most frequently
executed document without a proper authorized ISU signature. In the event that you are asked to sign a
document, please forward it to OSPA for review. If this occurs last minute, it is recommended that no confidential
information be disclosed and no work be performed until an agreement can be
executed or you have contacted either Thane Peterson or Lisa Lorenzen. They will work with you to protect your
interests.
If you
have any questions, about this tip sheet or working with industry, please
contact: Lisa Lorenzen, Director of Industry Relations & Biotechnology
Liaison, (515) 294-0926, llorenze@iastate.edu
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