2010 Pennsylvania Code
Title 13 - COMMERCIAL CODE
Chapter 34 - Liability of Parties
3402 - Signature by representative.

     § 3402.  Signature by representative.
        (a)  Represented person bound by signature.--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)  When representative is bound by signature.--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 the form of the
        signature does not show unambiguously that the signature is
        made in a representative capacity or 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)  Checks.--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.

        Cross References.  Section 3402 is referred to in sections
     3308, 3401 of this title.

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