§490:8-402 - Assurance that indorsement or instruction is effective.
§490:8-402 Assurance that indorsement or
instruction is effective. (a) An issuer may require the following
assurance that each necessary indorsement or each instruction is genuine and
authorized:
(1) In all cases, a guaranty of the signature of the
person making an indorsement or originating an instruction including, in the
case of an instruction, reasonable assurance of identity;
(2) If the indorsement is made or the instruction is
originated by an agent, appropriate assurance of actual authority to sign;
(3) If the indorsement is made or the instruction is
originated by a fiduciary pursuant to section 490:8-107(a)(4) or (5),
appropriate evidence of appointment or incumbency;
(4) If there is more than one fiduciary, reasonable
assurance that all who are required to sign have done so; and
(5) If the indorsement is made or the instruction is
originated by a person not covered by another provision of this subsection,
assurance appropriate to the case corresponding as nearly as may be to the
provisions of this subsection.
(b) An issuer may elect to require reasonable
assurance beyond that specified in this section.
(c) In this section:
(1) "Guaranty of the signature" means a
guaranty signed by or on behalf of a person reasonably believed by the issuer
to be responsible. An issuer may adopt standards with respect to
responsibility if they are not manifestly unreasonable.
(2) "Appropriate evidence of appointment or
incumbency" means:
(i) In the case of a fiduciary appointed or
qualified by a court, a certificate issued by or under the direction or
supervision of the court or an officer thereof and dated within sixty days
before the date of presentation for transfer; or
(ii) In any other case, a copy of a document
showing the appointment or a certificate issued by or on behalf of a person
reasonably believed by an issuer to be responsible or, in the absence of that
document or certificate, other evidence the issuer reasonably considers
appropriate. [L 1997, c 33, pt of §2]