§ 6A-3-402 Signature by representative.– (a) If a person acting, or purporting to act, as a representative signs aninstrument by signing either the name of the represented person or the name ofthe signer, the represented person is bound by the signature to the same extentthe represented person would be bound if the signature were on a simplecontract. If the represented person is bound, the signature of therepresentative is the "authorized signature of the represented person" and therepresented person is liable on the instrument, whether or not identified inthe instrument.
(b) If a representative signs the name of the representativeto an instrument and the signature is an authorized signature of therepresented person, the following rules apply:
(1) If the form of the signature shows unambiguously that thesignature is made on behalf of the represented person who is identified in theinstrument, the representative is not liable on the instrument.
(2) Subject to subsection (c), if (i) the form of thesignature does not show unambiguously that the signature is made in arepresentative capacity or (ii) the represented person is not identified in theinstrument, the representative is liable on the instrument to a holder in duecourse that took the instrument without notice that the representative was notintended to be liable on the instrument. With respect to any other person, therepresentative is liable on the instrument unless the representative provesthat the original parties did not intend the representative to be liable on theinstrument.
(c) If a representative signs the name of the representativeas drawer of a check without indication of the representative status and thecheck is payable from an account of the represented person who is identified onthe check, the signer is not liable on the check if the signature is anauthorized signature of the represented person.
§ 6A-3-402 Signature by representative.– (a) If a person acting, or purporting to act, as a representative signs aninstrument by signing either the name of the represented person or the name ofthe signer, the represented person is bound by the signature to the same extentthe represented person would be bound if the signature were on a simplecontract. If the represented person is bound, the signature of therepresentative is the "authorized signature of the represented person" and therepresented person is liable on the instrument, whether or not identified inthe instrument.
(b) If a representative signs the name of the representativeto an instrument and the signature is an authorized signature of therepresented person, the following rules apply:
(1) If the form of the signature shows unambiguously that thesignature is made on behalf of the represented person who is identified in theinstrument, the representative is not liable on the instrument.
(2) Subject to subsection (c), if (i) the form of thesignature does not show unambiguously that the signature is made in arepresentative capacity or (ii) the represented person is not identified in theinstrument, the representative is liable on the instrument to a holder in duecourse that took the instrument without notice that the representative was notintended to be liable on the instrument. With respect to any other person, therepresentative is liable on the instrument unless the representative provesthat the original parties did not intend the representative to be liable on theinstrument.
(c) If a representative signs the name of the representativeas drawer of a check without indication of the representative status and thecheck is payable from an account of the represented person who is identified onthe check, the signer is not liable on the check if the signature is anauthorized signature of the represented person.
§ 6A-3-402 Signature by representative.– (a) If a person acting, or purporting to act, as a representative signs aninstrument by signing either the name of the represented person or the name ofthe signer, the represented person is bound by the signature to the same extentthe represented person would be bound if the signature were on a simplecontract. If the represented person is bound, the signature of therepresentative is the "authorized signature of the represented person" and therepresented person is liable on the instrument, whether or not identified inthe instrument.
(b) If a representative signs the name of the representativeto an instrument and the signature is an authorized signature of therepresented person, the following rules apply:
(1) If the form of the signature shows unambiguously that thesignature is made on behalf of the represented person who is identified in theinstrument, the representative is not liable on the instrument.
(2) Subject to subsection (c), if (i) the form of thesignature does not show unambiguously that the signature is made in arepresentative capacity or (ii) the represented person is not identified in theinstrument, the representative is liable on the instrument to a holder in duecourse that took the instrument without notice that the representative was notintended to be liable on the instrument. With respect to any other person, therepresentative is liable on the instrument unless the representative provesthat the original parties did not intend the representative to be liable on theinstrument.
(c) If a representative signs the name of the representativeas drawer of a check without indication of the representative status and thecheck is payable from an account of the represented person who is identified onthe check, the signer is not liable on the check if the signature is anauthorized signature of the represented person.
