C.R.S. Section 4-3-402
Signature by representative

(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) of this section, if (i) the form of the signature does not show unambiguously that the signature is made in a representative capacity or (ii) 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.

Source: Section 4-3-402 — Signature by representative, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-04.­pdf (accessed Oct. 20, 2023).

4‑3‑101
Short title 4‑3‑102
Subject matter 4‑3‑103
Definitions 4‑3‑104
Negotiable instrument 4‑3‑105
Issue of instrument 4‑3‑106
Unconditional promise or order 4‑3‑107
Instrument payable in foreign money 4‑3‑108
Payable on demand or at definite time 4‑3‑109
Payable to bearer or to order 4‑3‑110
Identification of person to whom instrument is payable 4‑3‑111
Place of payment 4‑3‑112
Interest 4‑3‑113
Date of instrument 4‑3‑114
Contradictory terms of instrument 4‑3‑115
Incomplete instrument 4‑3‑116
Joint and several liability 4‑3‑117
Other agreements affecting instrument 4‑3‑118
Statute of limitations 4‑3‑119
Notice of right to defend action 4‑3‑201
Negotiation 4‑3‑202
Negotiation subject to rescission 4‑3‑203
Transfer of instrument 4‑3‑204
Indorsement 4‑3‑205
Special indorsement 4‑3‑206
Restrictive indorsement 4‑3‑207
Reacquisition 4‑3‑301
Person entitled to enforce instrument 4‑3‑302
Holder in due course 4‑3‑303
Value and consideration 4‑3‑304
Overdue instrument 4‑3‑305
Defenses and claims in recoupment 4‑3‑306
Claims to an instrument 4‑3‑307
Notice of breach of fiduciary duty 4‑3‑308
Proof of signatures and status as holder in due course 4‑3‑309
Enforcement of lost, destroyed, or stolen instrument 4‑3‑310
Effect of instrument on obligation for which taken 4‑3‑311
Accord and satisfaction by use of instrument 4‑3‑312
Lost, destroyed, or stolen cashier’s check, teller’s check, or certified check 4‑3‑401
Signature necessary for liability on instrument 4‑3‑402
Signature by representative 4‑3‑403
Unauthorized signature 4‑3‑404
Impostors 4‑3‑405
Employer’s responsibility for fraudulent indorsement by employee 4‑3‑406
Negligence contributing to forged signature or alteration of instrument 4‑3‑407
Alteration 4‑3‑408
Drawee not liable on unaccepted draft 4‑3‑409
Acceptance of draft 4‑3‑410
Acceptance of varying draft 4‑3‑411
Refusal to pay cashier’s checks, teller’s checks, and certified checks 4‑3‑412
Obligation of issuer of note or cashier’s check 4‑3‑413
Obligation of acceptor 4‑3‑414
Obligation of drawer 4‑3‑415
Obligation of indorser 4‑3‑416
Transfer warranties 4‑3‑417
Presentment warranties 4‑3‑418
Payment or acceptance by mistake 4‑3‑419
Instruments signed for accommodation 4‑3‑420
Conversion of instrument 4‑3‑501
Presentment 4‑3‑502
Dishonor 4‑3‑503
Notice of dishonor 4‑3‑504
Excused presentment and notice of dishonor 4‑3‑505
Evidence of dishonor 4‑3‑506
Recording credit card or social security numbers prohibited 4‑3‑601
Discharge and effect of discharge 4‑3‑602
Payment 4‑3‑603
Tender of payment 4‑3‑604
Discharge by cancellation or renunciation 4‑3‑605
Discharge of indorsers and accommodation parties
Green check means up to date. Up to date

Current through Fall 2024

§ 4-3-402’s source at colorado​.gov