Section 30 Representatives

• Library: Commercial Law 2007

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.

Section 400.3-402(a), RSMo 2000.

“If the represented person is bound [under the laws of agency], 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,” which is a significant change from the previous UCC provisions under which an undisclosed principal who did not sign the instrument could not be liable on it. Id.

If a representative signs their name to an instrument and the signature is an authorized signature of the represented person, and if the form of the signature shows unambiguously that the signature is...