Nevada § 104.3405 - Employer's responsibility for fraudulent endorsement by employee
Full text of Nevada Nevada Revised Statutes § 104.3405 — Employer's responsibility for fraudulent endorsement by employee, with citation guidance and answers to common questions.
§ 104.3405. Employer's responsibility for fraudulent endorsement by employee
1. In this section: (a) “Employee” includes an independent contractor and employee of an independent contractor
retained by the employer. (b) “Fraudulent endorsement” means: (1) In the case of an instrument payable to the employer, a forged endorsement purporting
to be that of the employer; or (2) In the case of an instrument with respect to which the employer is the issuer,
a forged endorsement purporting to be that of the person identified as payee. (c) “Responsibility” with respect to instruments means authority: (1) To sign or endorse instruments on behalf of the employer; (2) To act upon instruments received by the employer for bookkeeping purposes, for
deposit to an account, or for other disposition; (3) To prepare or act upon instruments for issue in the name of the employer; (4) To supply information determining the names or addresses of payees of instruments
to be issued in the name of the employer; (5) To control the disposition of instruments to be issued in the name of the employer;
or (6) To act otherwise with respect to instruments in a responsible capacity. “Responsibility” does not include authority that merely allows an employee to have
access to instruments or blank or incomplete instrument forms that are being stored
or transported or are part of incoming or outgoing mail, or similar access. 2. For the purpose of determining the rights and liabilities of a person who, in good
faith, pays an instrument or takes it for value or for collection, if an employer
entrusted an employee with responsibility with respect to the instrument and the employee
or a person acting in concert with the employee makes a fraudulent endorsement of
the instrument, the endorsement is effective as the endorsement of the person to whom
the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails
to exercise ordinary care in paying or taking the instrument and that failure substantially
contributes to loss resulting from the fraud, the person bearing the loss may recover
from the person failing to exercise ordinary care to the extent the failure to exercise
ordinary care contributed to the loss. 3. Under subsection 2, an endorsement is made in the name of the person to whom an
instrument is payable if: (a) It is made in a name substantially similar to the name of that person; or (b) The instrument, whether or not endorsed, is deposited in a depositary bank to
an account in a name substantially similar to the name of that person.
Source: official Nevada text · Last verified 2026-08-27
Frequently Asked Questions About Nevada § 104.3405
What does Nevada Revised Statutes § 104.3405 cover?
Section 104.3405 ("Employer's responsibility for fraudulent endorsement by employee") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. 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 Nevada § 104.3405?
A common citation format is "Nevada Revised Statutes § 104.3405" (Nevada). 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 Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 104.3405 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada 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 Nevada.