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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 3. Negotiable Instruments
- Section 402. Signature By Representative.
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Section 401. Signature.
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Section 403. Unauthorized Signature.
AS 45.03.402. 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; and
- (2) subject to (c) of this section, 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 another 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.
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