New Jersey § 12a:3-402
Full text of New Jersey New Jersey Statutes § 12a:3-402, with citation guidance and answers to common questions.
§ 12a:3-402.
a. 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. If the represented person is bound, 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. b. If a representative signs the name of the representative to an instrument and the
signature is an authorized signature of the represented person, the following rules
apply: (1) If the form of the signature shows unambiguously that the signature is made on
behalf of the represented person who is identified in the instrument, the representative
is not liable on the instrument. (2) Subject to subsection c. of this section, if the form of the signature does not
show unambiguously that the signature is made in a representative capacity or the
represented person is not identified in the instrument, the representative is liable
on the instrument to a holder in due course that took the instrument without notice
that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument
unless the representative proves that the original parties did not intend the representative
to be liable on the instrument. c. If a representative signs the name of the representative as drawer of a check without
indication of the representative status and the check is payable from an account of
the represented person who is identified on the check, the signer is not liable on
the check if the signature is an authorized signature of the represented person.
Frequently Asked Questions About New Jersey § 12a:3-402
What does New Jersey Statutes § 12a:3-402 cover?
Section 12a:3-402 is part of the New Jersey Statutes, the codified statutory law of New Jersey. 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 New Jersey § 12a:3-402?
A common citation format is "New Jersey Statutes § 12a:3-402" (New Jersey). 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 New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 12a:3-402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey 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 New Jersey.