2005 Idaho Code - 28-3-402 — SIGNATURE BY REPRESENTATIVE

                                  TITLE  28
                           COMMERCIAL TRANSACTIONS
                                  CHAPTER 3
                          UNIFORM COMMERCIAL CODE --
                            NEGOTIABLE INSTRUMENTS
                                   PART 4.
                             LIABILITY OF PARTIES
    28-3-402.  SIGNATURE BY REPRESENTATIVE. (1) 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.
    (2)  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:
    (a)  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.
    (b)  Subject to subsection (3) 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.
    (3)  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.

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