Florida Statute 673.4021 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 673.4021

Annotations, Discussions, Cases:

Cases Citing Statute 673.4021

Total Results: 22

Molinos Valle Del Cibao, C. Por A. v. Lama

633 F.3d 1330

Court of Appeals for the Eleventh Circuit | Filed: Feb 24, 2011 | Docket: 1960895

Cited 271 times | Published

the corporation remains liable. See Fla. Stat. § 673.4021(3). Chipstek and Expertek were the true "violators"

Florida Medical Center, Inc. v. McCoy

657 So. 2d 1248, 1995 WL 407448

District Court of Appeal of Florida | Filed: Jul 12, 1995 | Docket: 464072

Cited 15 times | Published

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

Serna v. Milanese, Inc.

643 So. 2d 36, 24 U.C.C. Rep. Serv. 2d (West) 980, 1994 Fla. App. LEXIS 9017, 1994 WL 511207

District Court of Appeal of Florida | Filed: Sep 21, 1994 | Docket: 1493131

Cited 6 times | Published

legislature with section 673.4021, Florida Statutes (1993), effective January 1, 1993. Section 673.4021 provides

Medina v. Wyche

796 So. 2d 622, 2001 WL 1130868

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 1249689

Cited 3 times | Published

authorized signature of the represented person. § 673.4021(3), Fla. Stat. (1997). The official comment makes

Williamson v. Bertino

685 So. 2d 93, 1997 WL 1582

District Court of Appeal of Florida | Filed: Jan 2, 1997 | Docket: 1415734

Cited 3 times | Published

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

Serna v. Arde Apparel, Inc.

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

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 2583390

Cited 3 times | Published

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

Agia v. Ossi

249 So. 3d 672

District Court of Appeal of Florida | Filed: Apr 6, 2018 | Docket: 64683346

Cited 2 times | Published

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

Moschini v. Inter-Gold Italia, Inc.

694 So. 2d 774, 1997 WL 199093

District Court of Appeal of Florida | Filed: Apr 25, 1997 | Docket: 2561601

Cited 1 times | Published

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

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

District Court of Appeal of Florida | Filed: Nov 18, 2020 | Docket: 18642912

Published

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

PMT NPL Financing v. Centurion Systems

257 So. 3d 516

District Court of Appeal of Florida | Filed: Aug 20, 2018 | Docket: 7784429

Published

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

MONIQUE M. AGIA v. FAREED OSSI

District Court of Appeal of Florida | Filed: Apr 6, 2018 | Docket: 6356569

Published

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

Daniel v. Avren

228 So. 3d 174, 2017 WL 3613890

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 60278724

Published

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

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

District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60240174

Published

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

Molinos Valle Del Cibao v. Oscar R. Lama

Court of Appeals for the Eleventh Circuit | Filed: Feb 24, 2011 | Docket: 2906566

Published

the corporation remains liable. See Fla. Stat. § 673.4021(3). Chipstek and Expertek were the true “violators”

Bal Harbour Village v. Welsh

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

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 463821

Published

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

Paramount v. Gilbert

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

District Court of Appeal of Florida | Filed: Mar 17, 2004 | Docket: 64828687

Published

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.

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

District Court of Appeal of Florida | Filed: Apr 3, 2002 | Docket: 2576748

Published

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

In re Bean

252 B.R. 570, 13 Fla. L. Weekly Fed. B 333, 2000 Bankr. LEXIS 982, 2000 WL 1251902

United States Bankruptcy Court, M.D. Florida | Filed: Aug 23, 2000 | Docket: 65782083

Published

the checks in his representative capacity. Section 673,4021, Florida Statutes, effective January 1, 1993

De Maria v. Potamkin

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

District Court of Appeal of Florida | Filed: Oct 2, 1996 | Docket: 64768108

Published

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

Nuttall v. Jesonis

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

District Court of Appeal of Florida | Filed: Jan 5, 1996 | Docket: 64761329

Published

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

Koven v. Cox (In re Purity, Inc.)

189 B.R. 541, 1995 Bankr. LEXIS 1719

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 19, 1995 | Docket: 65781227

Published

Debtor he has no personal liability under Fla.Stat. 673.4021. Whether or not this is a viable defense

Childs v. Southeast Air Control, Inc.

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

District Court of Appeal of Florida | Filed: Sep 21, 1994 | Docket: 64751990

Published

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