There Is a Newer Version of the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 84 - Registration
Section 8402 - Assurance that indorsement or instruction is effective
§ 8402. Assurance that indorsement or instruction is effective.
(a) Assurances that issuer may require.--An issuer may
require the following assurance that each necessary indorsement
or each instruction is genuine and authorized:
(1) in all cases, a guaranty of the signature of the
person making an indorsement or originating an instruction,
including, in the case of an instruction, reasonable
assurance of identity;
(2) if the indorsement is made or the instruction is
originated by an agent, appropriate assurance of actual
authority to sign;
(3) if the indorsement is made or the instruction is
originated by a fiduciary pursuant to section 8107(a)(4) or
(5) (relating to whether indorsement, instruction or
entitlement order is effective), appropriate evidence of
appointment or incumbency;
(4) if there is more than one fiduciary, reasonable
assurance that all who are required to sign have done so; and
(5) if the indorsement is made or the instruction is
originated by a person not covered by another provision of
this subsection, assurance appropriate to the case
corresponding as nearly as may be to the provisions of this
subsection.
(b) Additional assurances that issuer may require.--An
issuer may elect to require reasonable assurance beyond that
specified in this section.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Appropriate evidence of appointment or incumbency."
(1) In the case of a fiduciary appointed or qualified by
a court, a certificate issued by or under the direction or
supervision of the court or an officer thereof and dated
within 60 days before the date of presentation for transfer.
(2) In any other case, a copy of a document showing the
appointment or a certificate issued by or on behalf of a
person reasonably believed by an issuer to be responsible or,
in the absence of that document or certificate, other
evidence the issuer reasonably considers appropriate.
"Guaranty of the signature." A guaranty signed by or on
behalf of a person reasonably believed by the issuer to be
responsible. An issuer may adopt standards with respect to
responsibility if they are not manifestly unreasonable.
Cross References. Section 8402 is referred to in section
8401 of this title.
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