There Is a Newer Version of the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 34 - Liability of Parties
Section 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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