Indiana § 26-1-3.1-402 Signature by representative

Indiana Statutes

§ 26-1-3.1-402 — Signature by representative

Indiana § 26-1-3.1-402

Title 26COMMERCIAL LAW

Art. 1UNIFORM COMMERCIAL CODE

Ch. 3.1Negotiable Instruments

This text of Indiana § 26-1-3.1-402 (Signature by representative) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 26-1-3.1-402 (2026).

Text

(a)If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is bound, the signature of the representative is the "authorized signature of the represented person" and the represented person is liable on the instrument, whether or not identified in the instrument.

(b)If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person, the following rules apply:

(1)If the form of the signature shows unambiguously that the signature is mad

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(a) If a person acting, or purporting to act,
as a representative signs an instrument by signing either the name of
the represented person or the name of the signer, the represented
person is bound by the signature to the same extent the represented
person would be bound if the signature were on a simple contract. If the
represented person is bound, the signature of the representative is the
"authorized signature of the represented person" and the represented
person is liable on the instrument, whether or not identified in the
instrument.
(b) If a representative signs the name of the representative to an
instrument and the signature is an authorized signature of the
represented person, the following rules apply:
(1) If the form of the signature shows unambiguously that the
signature is made on behalf of the represented person who is
identified in the instrument, the representative is not liable on the
instrument.
(2) Subject to subsection (c), if:
(A) the form of the signature does not show unambiguously that
the signature is made in a representative capacity; or
(B) the represented person is not identified in the instrument;
the representative is liable on the instrument to a holder in due
course that took the instrument without notice that the
representative was not intended to be liable on the instrument.
With respect to any other person, the representative is liable on
the instrument unless the representative proves that the original
parties did not intend the representative to be liable on the
instrument.
(c) If a representative signs the name of the representative as drawer
of a check without indication of the representative status and the check
is payable from an account of the represented person who is identified
on the check, the signer is not liable on the check if the signature is an
authorized signature of the represented person.