Unauthorized Signature

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Negotiable Instruments
  5. Liability of Parties
  6. Unauthorized Signature

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  1. Unless otherwise provided in this article or Article 4 of this title, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized signature may be ratified for all purposes of this article.
  2. If the signature of more than one person is required to constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the required signatures is lacking.
  3. The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this article which makes the unauthorized signature effective for the purposes of this article.

(Code 1981, §11-3-403, enacted by Ga. L. 1996, p. 1306, § 3.)

RESEARCH REFERENCES

Ratification of Forged or Unauthorized Signature, 7 POF2d 675.

Commercial Paper - Negligence Contributing to Alteration or Unauthorized Signature Under UCC § 3-406, 14 POF2d 693.

C.J.S.

- 10 C.J.S., Bills and Notes, § 27 et seq., 80.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 3-403.

ALR.

- Payment of check upon forged or unauthorized indorsement as affecting the right of true owner against the bank, 14 A.L.R. 764; 69 A.L.R. 1076; 137 A.L.R. 874.

Necessity of endorsement by all payees before maturity to make a transferee a bona fide holder, 25 A.L.R. 163.

Construction of savings bank by-law expressly assented to by depositor, relieving bank from liability for payment to unauthorized person, 52 A.L.R. 760.

Ratification of forged or unauthorized signature on negotiable instrument under the provision of the Negotiable Instruments Act negativing effect of such signature unless the party against whom it is sought to enforce a right thereunder is precluded from setting up the forgery or want of authority, 150 A.L.R. 978.

Invalid instrument as subject of forgery, 174 A.L.R. 1300.

Rights of one who acquires lost or stolen traveler's checks, 42 A.L.R.3d 846.

What constitutes ratification of unauthorized signature under UCC § 3-404, 93 A.L.R.3d 967.


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