Cal. Codes » Commercial Code / DIVISION 3. NEGOTIABLE INSTRUMENTS / CHAPTER 4. Liability of Parties
California Codes

Cal. Commercial Code § 3401 (2026)

Liability of Parties

✓ current as of May 2026
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A person is not liable on an instrument unless (a) the person signed the instrument, or (b) the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under Section 3402.

Notes of Decisions
Cited in 5 cases, 1968–2003 · leading case: Fireman's Fund Ins. v. Sec. Pac. Nat'l Bank, 25 U.C.C. Rep. Serv. (West) 495 (Cal. Ct. App. 1978).
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Fireman's Fund Ins. v. Sec. Pac. Nat'l Bank, 25 U.C.C. Rep. Serv. (West) 495 (Cal. Ct. App. 1978). · cites it 2× “The code provides that as between the drawee bank and the depositor, losses from a forged or unauthorized signature are borne by the bank 4 since payment not made pursuant to directions of a “properly payable” order cannot be charged to the depositor’s account.”
Edward Fineman Co. v. Superior Court of L.A. Cty., 78 Cal. Rptr. 2d 478 (Cal. Ct. App. 1998). · cites it 2× “(Com.Code, § 3401, subd. (1). ...)" ( Fireman's Fund Ins.”
McClung v. Saito, 7 U.C.C. Rep. Serv. (West) 517 (Cal. Ct. App. 1970). · cites it 2× “Defendants contend that (1) even if they are joint venturers, Commercial Code section 3401 protects them from liability on a note made in the name of another, and (2) they cannot be held liable for restitution of money had and received because they did not receive anything.”
Walker v. Smith, 257 F. Supp. 2d 691 (S.D.N.Y. 2003). “Cal. Com.Code § 3401(b)(2) (West 2003) (signature on an instrument may be made “by the use of any name, including a trade or assumed name”); id.”
McCollum v. Steitz, 5 U.C.C. Rep. Serv. (West) 375 (Cal. Ct. App. 1968). · cites it 2× “6); the text states that while no person is liable on an instrument unless his signature appears on it (Com. Code, § 3401, subd. (1)), “. . . a partnership is liable on a note executed on behalf of the partnership (§3401(2)), and all partners are jointly liable for the…”
Cal. Commercial Code § 3401(b)(2): 1 case
Walker v. Smith, 257 F. Supp. 2d 691 (S.D.N.Y. 2003). “Cal. Com.Code § 3401(b)(2) (West 2003) (signature on an instrument may be made “by the use of any name, including a trade or assumed name”); id.”
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