PARRIS N. GLENDENING, Governor

Ch. 91

REPRESENTATIVE WHO SIGNED THE INSTRUMENT AND THE SIGNATURE IS BINDING
ON THE REPRESENTED PERSON UNDER § 3-402.

(B) A SIGNATURE MAY BE MADE (I) MANUALLY OR BY MEANS OF A DEVICE
OR MACHINE, AND (II) BY THE USE OF ANY NAME, INCLUDING A TRADE OR
ASSUMED NAME, OR BY A WORD, MARK, OR SYMBOL EXECUTED OR ADOPTED BY A
PERSON WITH PRESENT INTENTION TO AUTHENTICATE A WRITING.

3-402.

(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.

(2)     SUBJECT TO SUBSECTION (C), 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.

(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.

3-403.

(A) UNLESS OTHERWISE PROVIDED IN THIS TITLE OR TITLE 4, AN
UNAUTHORIZED SIGNATURE IS INEFFECTIVE EXCEPT AS THE SIGNATURE OF THE
UNAUTHORIZED SIGNER IN FAVOR OF A PERSON WHO IN GOOD FAITH PAYS THE
INSTRUMENT OR TAKES IT FOR VALUE AN UNAUTHORIZED SIGNATURE MAY BE
RATIFIED FOR ALL PURPOSES OF THIS TITLE.

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