Nevada § 104.3405 - Employer's responsibility for fraudulent endorsement by employee

§ 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.