Liability signing on EFAST

I am helping my former employer (TPA) do a DFVC filing for a client with several years 5500 filings due.  Rather than signing an E-signature authorization for each year, what they want to do is get a form 2848 giving me the POA to sign and file all the years.  I would have to of course get the EFAST credentials to do this.

Q:  If I have POA and e-sign all the 5500 filings on EFAST, am I opening myself to any liability? 

Form 2848 is used to give an individual authority to represent a taxpayer before the IRS. It is not used to designate someone as the ERISA 3(16) plan administrator, which is who signs the 5500.

It is possible to have a 3rd-party 3(16) plan administrator, and there are service providers out there who will do that.

As a side note, if you are doing freelance work (you said this is for your former employer), make sure you have adequate E&O insurance for yourself. Your former employer's policy probably won't help you.

I agree with CB.  

What is their reasoning for not wanting use the the E-sign authorization?  It just sounds like an odd request to me.

If one follows the Form 5500 Instructions for an authorized service provider’s signature, that signer is not responsible for the Form 5500 report; rather, one signs only five process statements about how the plan administrator’s signer authorized the service provider to submit the administrator’s report.

If you do something else, consider that the signer states:

Under penalties of perjury and other penalties set forth in the instructions, I declare that I have examined this return/report, including accompanying schedules, statements and attachments, as well as the electronic version of this return/report, and to the best of my knowledge and belief, it is true, correct, and complete.