The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

PMT NPL FINANCING v. CENTURION SYSTEMS, LLC,, 257 So. 3d 516 (Fla. App. Ct. 2018)

. . . . § 673.4021(1). . . .

M. AGIA v. OSSI,, 249 So. 3d 672 (Fla. App. Ct. 2018)

. . . See § 673.4021(2)(b), Fla. Stat. (2016) ; Landis v. . . .

DANIEL, v. AVREN, 228 So. 3d 174 (Fla. Dist. Ct. App. 2017)

. . . See § 673.4021(2)(b), Florida Statutes (2013); Bank of N.Y. Mellon v. Condo. . . .

BIG BANG MIAMI ENTERTAINMENT, LLC. v. MOUMINA,, 137 So. 3d 1117 (Fla. Dist. Ct. App. 2014)

. . . Section 673.4021 of the Florida Statutes provides that when an individual acting as the representative . . . the represented person is liable on the instrument, whether or not identified in the instrument. § 673.4021 . . . Wyche, 796 So.2d 622, 623 (Fla. 3DCA 2001), explained, the purpose of section 673.4021, is to confirm . . .

DEUTSCHE BANK NATIONAL TRUST COMPANY, v. LIPPI,, 78 So. 3d 81 (Fla. Dist. Ct. App. 2012)

. . . Vice President as an agent for Fremont was an effective signature under sections 673.4011(2)(b) and 673.4021 . . .

HARVEY, v. DEUTSCHE BANK NATIONAL TRUST COMPANY,, 69 So. 3d 300 (Fla. Dist. Ct. App. 2011)

. . . See §§ 673.4011(2)(b), 673.4021, Fla. Stat. (2008). . . .

MOLINOS VALLE DEL CIBAO, C. A. a v. R. LAMA, C. A. a v. R., 633 F.3d 1330 (11th Cir. 2011)

. . . . § 673.4021(3). Chipstek and Expertek were the true “violators” of the worthless check statute. . . .

A. RIGGS, Sr. v. AURORA LOAN SERVICES, LLC,, 36 So. 3d 932 (Fla. Dist. Ct. App. 2010)

. . . See §§ 673.4011(2)(b), 673.4021, Fla. Stat. (2008). . . .

BAL HARBOUR VILLAGE, v. WELSH,, 879 So. 2d 1265 (Fla. Dist. Ct. App. 2004)

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

PARAMOUNT, v. GILBERT, a, 867 So. 2d 642 (Fla. Dist. Ct. App. 2004)

. . . In this case, section 673.4021(3), Florida Statutes (2001) operates to relieve Gilbert of personal liability . . .

BERTI, v. CEDARS HEALTHCARE GROUP, LTD., 812 So. 2d 580 (Fla. Dist. Ct. App. 2002)

. . . Because it affirmatively appears that the appellant was personally liable, see § 673.4021(2)(b), Fla. . . .

MEDINA v. G. WYCHE,, 796 So. 2d 622 (Fla. Dist. Ct. App. 2001)

. . . The revised statute provides, in part: 673.4021. . . . . § 673.4021(3), Fla. Stat. (1997). . . .

R. MOSCHINI, v. INTER- GOLD ITALIA, INC. a, 694 So. 2d 774 (Fla. Dist. Ct. App. 1997)

. . . Larry IVfoschini’s claim against Inter-Gold is governed by section 673.4021(1), Florida Statutes (1993 . . .

WILLIAMSON, v. BERTINO, ABTD d b a, 685 So. 2d 93 (Fla. Dist. Ct. App. 1997)

. . . In 1992, the Florida legislature repealed section 673.403 and replaced it with section 673.4021. . . . Section 673.4021(2) establishes a prcsumption that if a signature does not show unambiguously that it . . .

DE MARIA, v. POTAMKIN,, 680 So. 2d 1061 (Fla. Dist. Ct. App. 1996)

. . . Section 673.4021, Florida Statutes, was enacted to take the place of 673.403. . . .

Y. NUTTALL, v. JESONIS,, 666 So. 2d 243 (Fla. Dist. Ct. App. 1996)

. . . For promissory notes created after May 11, 1992, section 673.4021, Florida Statutes (1993), controls. . . .

In PURITY, INC. KOVEN, v. COX, Jr. B D F., 189 B.R. 541 (Bankr. S.D. Fla. 1995)

. . . KOVEN’S argument that as a representative of the Debtor he has no personal liability under Fla.Stat. 673.4021 . . .

SERNA, v. ARDE APPAREL, INC., 657 So. 2d 966 (Fla. Dist. Ct. App. 1995)

. . . controlled and arose under section 673.403, Florida Statutes (1991), and was not affected by section 673.4021 . . .

FLORIDA MEDICAL CENTER, INC. a v. McCOY, 657 So. 2d 1248 (Fla. Dist. Ct. App. 1995)

. . . See § 673.4021, Fla.Stat. (1993) (if form of signature of person on instrument does not show unambiguously . . .

SERNA, v. MILANESE, INC., 643 So. 2d 36 (Fla. Dist. Ct. App. 1994)

. . . Section 673.4021 provides in part: (3) If a representative signs the name of the representative as drawer . . . Section 673.4021 is not merely a procedural section that changes the method by which a payee can enforce . . . The legislature did not provide this express intention for section 673.4021 in Chapter 92-82, section . . . The legislature created section 673.4021, effective January 1, 1993. . . . We therefore find section 673.4021 confers substantive rights and thus cannot be retrospectively applied . . . majority’s conclusion that section 673.403(2), Florida Statutes (1991), governs this case rather than 673.4021 . . . Reviewing section 673.403(2) and section 673.4021(3), I find that the latter statute governs. . . . Section 673.4021(3) does not diminish the substantive rights and remedies of Milanese, Inc., to collect . . . Consequently, I would hold that section 673.4021(3) is procedural or remedial in nature as it merely . . . Thus, section 673.4021(3) should be applied to the case before this court. . . .

J. CHILDS, v. SOUTHEAST AIR CONTROL, INC., 644 So. 2d 1028 (Fla. Dist. Ct. App. 1994)

. . . The principal issue in this ease is whether section 673.4021(3), Florida Statutes, effective January . . . Milanese, Inc., 643 So.2d 36 (Fla. 3d DCA 1994), this court held that section 673.4021(3) applies prospectively . . .