Colo. Rev. Stat. » Title 4
Colorado Revised Statutes

Colo. Rev. Stat. § 4-3-401 (2026)

Signature necessary for liability on instrument

✓ current as of July 2026
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A person is not liable on an instrument unless (i) the person signed the instrument or (ii) the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under section 4-3-402.

Source: L. 94: Entire article R&RE, p. 862, § 1, effective January 1, 1995. L. 2023: Entire section amended, (SB 23-090), ch. 136, p. 531, § 22, effective August 7.

Editor's note: This section is similar to former § 4-3-401 as it existed prior to 1994.

Notes of Decisions
Cited in 8 cases, 1983–2016 · leading case: Haberl v. Bigelow, 855 P.2d 1368 (Colo. 1993).
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Haberl v. Bigelow, 855 P.2d 1368 (Colo. 1993). · cites it 10× “In so doing, the court of appeals affirmed the trial court's conclusions that Haberl consented to the subordination of a deed of trust to real property executed in connection with the note; that the applicable statute of frauds did not render such consent invalid; and that the…”
United States v. Pauling, 60 M.J. 91 (C.A.A.F. 2004). · cites it 2× “” C.R.S. § 4-3-401. The comment to this section states: “Obligation on an instrument depends on a signature that is binding on the obligor.”
Bigelow v. Nottingham, 833 P.2d 764 (Colo. Ct. App. 1992). · cites it 6× “Haberl next contends that, inasmuch as the assumption agreement is a new agreement which he did not execute in violation of § 4-3-401, C.R.S., he is not bound by it.”
Willey v. Mayer, 876 P.2d 1260 (Colo. 1994). · cites it 2× “" § 4-3-401(1), 2 C.R.S. (1992). "A signature may be made by an agent or other representative, and his authority to make it may be established as in other cases of representation.”
First Nat'l Bank v. Ford Motor Credit Co., 748 F. Supp. 1464 (D. Colo. 1990). · cites it 4× “See also UCC § 3-401, Colo.Rev.Stat. § 4-3-401 (1973) & official comments 1 & 2 (no person is liable on an instrument unless the person has “signed” the instrument).”
La Junta State Bank v. Travis, 727 P.2d 48 (Colo. 1986). “1980); see also § 4-3-401(2). Two broad categories of indorsements are established by the Code: special and blank indorsements.”
Simpson v. Milne, 677 P.2d 365 (Colo. Ct. App. 1983). “See §§ 4-3-401 and 4-3-416, C.R.S.1973. Accordingly, we look to the general principles of contract and guarantee law for a resolution of this problem.”
Liberty Mortg. Corp. v. Fiscus, 2016 CO 31 (Colo. 2016). · cites it 10× “§ 4-3-401, C.R.S. (2015); see also § 4-3-401 cmt.”
— Colo. Rev. Stat. § 4-3-401(1) — 2 cases
Haberl v. Bigelow, 855 P.2d 1368 (Colo. 1993). “In so doing, the court of appeals affirmed the trial court's conclusions that Haberl consented to the subordination of a deed of trust to real property executed in connection with the note; that the applicable statute of frauds did not render such consent invalid; and that the…”
Willey v. Mayer, 876 P.2d 1260 (Colo. 1994). “" § 4-3-401(1), 2 C.R.S. (1992). "A signature may be made by an agent or other representative, and his authority to make it may be established as in other cases of representation.”
— Colo. Rev. Stat. § 4-3-401(2) — 2 cases
La Junta State Bank v. Travis, 727 P.2d 48 (Colo. 1986). “1980); see also § 4-3-401(2). Two broad categories of indorsements are established by the Code: special and blank indorsements.”
First Nat'l Bank v. Ford Motor Credit Co., 748 F. Supp. 1464 (D. Colo. 1990). “See also UCC § 3-401, Colo.Rev.Stat. § 4-3-401 (1973) & official comments 1 & 2 (no person is liable on an instrument unless the person has “signed” the instrument).”
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