Florida Statute 673.4021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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F.S. 673.4021

673.4021 Signature by representative.—

(1) 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.

(2) 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:

(a) 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.

(b) Subject to subsection (3), if the form of the signature does not show unambiguously that the signature is made in a representative capacity or if 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.

(3) 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.

History.—s. 2, ch. 92-82.

F.S. 673.4021 on Google Scholar

F.S. 673.4021 on Casetext

Amendments to 673.4021

Arrestable Offenses / Crimes under Fla. Stat. 673.4021

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.4021.

Annotations, Discussions, Cases:

Cases Citing Statute 673.4021

Total Results: 20

BEO MANAGEMENT CORP. v. JORGE M. CABALLE HORTA, etc.

Court: District Court of Appeal of Florida | Date Filed: 2020-11-18

Snippet: corporate representative of each corporation. See § 673.4021, Fla. Stat.

PMT NPL Financing v. Centurion Systems

Court: District Court of Appeal of Florida | Date Filed: 2018-08-20

Citation: 257 So. 3d 516

Snippet: by a person or a person’s representative. Id. § 673.4021(1). “In an action with respect to an instrument

Agia v. Ossi

Court: District Court of Appeal of Florida | Date Filed: 2018-04-06

Citation: 249 So. 3d 672

Snippet: in which the party signed is ambiguous. See § 673.4021(2)(b), Fla. Stat. (2016) ; Landis v. Mears, 329

MONIQUE M. AGIA v. FAREED OSSI

Court: District Court of Appeal of Florida | Date Filed: 2018-04-06

Snippet: in which the party signed is ambiguous. See § 673.4021(2)(b), Fla. Stat. (2016); Landis v. Mears, 329

Daniel v. Avren

Court: District Court of Appeal of Florida | Date Filed: 2017-08-23

Citation: 228 So. 3d 174, 2017 WL 3613890

Snippet: PER CURIAM. Affirmed. See § 673.4021(2)(b), Florida Statutes (2013); Bank of N.Y. Mellon v. Condo. Ass’n

Big Bang Miami Entertainment, LLC v. Moumina

Court: District Court of Appeal of Florida | Date Filed: 2014-03-26

Citation: 137 So. 3d 1117, 83 U.C.C. Rep. Serv. 2d (West) 306, 2014 WL 1230504, 2014 Fla. App. LEXIS 4411

Snippet: pursuant to section 68.065(3)(a), as to it. Section 673.4021 of the Florida Statutes provides that when an

Deutsche Bank National Trust Co. v. Lippi

Court: District Court of Appeal of Florida | Date Filed: 2012-01-20

Citation: 78 So. 3d 81, 2012 Fla. App. LEXIS 679, 2012 WL 162023

Snippet: effective signature under sections 673.4011(2)(b) and 673.4021, Florida Statutes. See Riggs v. Aurora Loan Servs

Harvey v. Deutsche Bank National Trust Co.

Court: District Court of Appeal of Florida | Date Filed: 2011-06-29

Citation: 69 So. 3d 300, 2011 Fla. App. LEXIS 10194, 2011 WL 1485310

Snippet: signature under the Code. See §§ 673.4011(2)(b), 673.4021, Fla. Stat. (2008). The indorsement in this case

Riggs v. AURORA LOAN SERVICES, LLC

Court: District Court of Appeal of Florida | Date Filed: 2010-06-16

Citation: 36 So. 3d 932, 72 U.C.C. Rep. Serv. 2d (West) 888, 2010 Fla. App. LEXIS 8652, 2010 WL 2382584

Snippet: signature under the Code. See §§ 673.4011(2)(b), 673.4021, Fla. Stat. (2008). The indorsement in this case

Bal Harbour Village v. Welsh

Court: District Court of Appeal of Florida | Date Filed: 2004-08-11

Citation: 879 So. 2d 1265, 2004 Fla. App. LEXIS 11717, 2004 WL 1781311

Snippet: 643 So.2d at 37 (considering whether section 673.4021, Florida Statutes (1993), which absolved corporate

Paramount v. Gilbert

Court: District Court of Appeal of Florida | Date Filed: 2004-03-17

Citation: 867 So. 2d 642, 2004 Fla. App. LEXIS 3316, 2004 WL 515539

Snippet: 1041(5)-(6), Fla. Stat. (2001). In this case, section 673.4021(3), Florida Statutes (2001) operates to relieve

Berti v. Cedars Healthcare Group, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 2002-04-03

Citation: 812 So. 2d 580, 2002 Fla. App. LEXIS 4272, 2002 WL 491873

Snippet: that the appellant was personally liable, see § 673.4021(2)(b), Fla. Stat. (1995); Spofford v. Hanna, 102

Medina v. Wyche

Court: District Court of Appeal of Florida | Date Filed: 2001-09-26

Citation: 796 So. 2d 622, 2001 WL 1130868

Snippet: of Fla. The revised statute provides, in part: 673.4021. Signature by representative . . . . (3) If a

Moschini v. Inter-Gold Italia, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1997-04-25

Citation: 694 So. 2d 774, 1997 WL 199093

Snippet: claim against Inter-Gold is governed by section 673.4021(1), Florida Statutes (1993): If a person acting

Williamson v. Bertino

Court: District Court of Appeal of Florida | Date Filed: 1997-01-02

Citation: 685 So. 2d 93, 1997 WL 1582

Snippet: replaced it with section 673.4021. Ch. 92-82, §§ 1, 2 at 759, Laws of Fla. Section 673.4021(2) establishes a

De Maria v. Potamkin

Court: District Court of Appeal of Florida | Date Filed: 1996-10-02

Citation: 680 So. 2d 1061, 1996 Fla. App. LEXIS 10308, 1996 WL 556830

Snippet: of Florida, effective January 1, 1993. Section 673.4021, Florida Statutes, was enacted to take the place

Nuttall v. Jesonis

Court: District Court of Appeal of Florida | Date Filed: 1996-01-05

Citation: 666 So. 2d 243, 28 U.C.C. Rep. Serv. 2d (West) 909, 1996 Fla. App. LEXIS 66, 1996 WL 2994

Snippet: promissory notes created after May 11, 1992, section 673.4021, Florida Statutes (1993), controls. See art. Ill

Serna v. Arde Apparel, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1995-07-19

Citation: 657 So. 2d 966, 27 U.C.C. Rep. Serv. 2d (West) 546, 1995 Fla. App. LEXIS 7752, 1995 WL 421920

Snippet: Statutes (1991), and was not affected by section 673.4021 (1993), which became effective on January 1, 1993

Florida Medical Center, Inc. v. McCoy

Court: District Court of Appeal of Florida | Date Filed: 1995-07-12

Citation: 657 So. 2d 1248, 1995 WL 407448

Snippet: article on such instruments might be helpful. See § 673.4021, Fla. Stat. (1993) (if form of signature of person

Childs v. Southeast Air Control, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1994-09-21

Citation: 644 So. 2d 1028, 1994 Fla. App. LEXIS 9022, 1994 WL 511220

Snippet: principal issue in this ease is whether section 673.4021(3), Florida Statutes, effective January 1, 1993