Colorado § 4-3-401 - Signature necessary for liability on instrument.
Full text of Colorado Colorado Revised Statutes § 4-3-401 — Signature necessary for liability on instrument., with citation guidance and answers to common questions.
§ 4-3-401. Signature necessary for liability on instrument.
A person is not liable on an instrument unless (i) the person signed the instrument or (ii) the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under section 4-3-402.
Source: L. 94: Entire article R&RE, p. 862, § 1, effective January 1, 1995. L. 2023: Entire section amended, (SB 23-090), ch. 136, p. 531, § 22, effective August 7.
Editor's note: This section is similar to former § 4-3-401 as it existed prior to 1994.
ANNOTATION
Law reviews. For article, "Civil Liability for Check Forgeries in Colorado", see 16 Colo. Law. 959 (1987).
No person is liable on an instrument unless his signature appears thereon. Jett v. Phillips & Associates, 439 F.2d 987 (10th Cir. 1971).
Even if a party does not sign an assumption agreement, the party may still be liable on the original obligation for which the instrument was given. Bigelow v. Nottingham, 833 P.2d 764 (Colo. App. 1991).
However, liability may arise apart from the instrument itself. A party who does not sign an assumption agreement may still be liable on the original obligation for which the instrument is given. Husband who executed promissory note and second deed of trust, but who consented by silence to subordination agreement that impaired his collateral, is still liable as a surety for the underlying obligation. Bigelow v. Nottingham, 833 P.2d 764 (Colo. App. 1992).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 4-3-401
What does Colorado Revised Statutes § 4-3-401 cover?
Section 4-3-401 ("Signature necessary for liability on instrument.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 4-3-401?
A common citation format is "Colorado Revised Statutes § 4-3-401" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 4-3-401 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.