Maryland § 8-402

Full text of Maryland Maryland Code § 8-402, with citation guidance and answers to common questions.

§ 8-402.

    (a)    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 in accordance with § 8-107(a)(4) or (5) of this title, 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)    An issuer may elect to require reasonable assurance beyond that specified in this section.

    (c)    In this section:

        (1)    “Guaranty of the signature” means 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.

        (2)    “Appropriate evidence of appointment or incumbency” means:

            (i)    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; or

            (ii)    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 considered appropriate.

Frequently Asked Questions About Maryland § 8-402

What does Maryland Code § 8-402 cover?

Section 8-402 is part of the Maryland Code, the codified statutory law of Maryland. 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 Maryland § 8-402?

A common citation format is "Maryland Code § 8-402" (Maryland). 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 Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 8-402 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland 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 Maryland.