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: Fla. Dist. Ct. App. | Date Filed: 2020-11-17T23:53:00-08:00

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

PMT NPL Financing v. Centurion Systems

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-20T00:53:00-07:00

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-06T00:53:00-07:00

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

Agia v. Ossi

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-06T00:00:00-07:00

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

Daniel v. Avren

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-23T00:00:00-07:00

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

Big Bang Miami Entertainment, LLC v. Moumina

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-26T00:00:00-07:00

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 …whether or not identified in the instrument. § 673.4021(1), Fla. Stat. (2013). Thus, Big Bang was bound… 3DCA 2001), explained, the purpose of section 673.4021, is to confirm that a company’s check binds only

Deutsche Bank National Trust Co. v. Lippi

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-20T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2011-06-29T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2010-06-16T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2004-08-11T00:53:00-07:00

Citation: 879 So. 2d 1265

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

Paramount v. Gilbert

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-17T00:00:00-08:00

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

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

Berti v. Cedars Healthcare Group, Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-02T23:53:00-08:00

Citation: 812 So. 2d 580

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

Medina v. Wyche

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-26T00:53:00-07:00

Citation: 796 So. 2d 622

Snippet: of Fla. The revised statute provides, in part: 673.4021. Signature by representative . . . . (3) If a …authorized signature of the represented person. § 673.4021(3), Fla. Stat. (1997). The official comment makes

Moschini v. Inter-Gold Italia, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-25T00:53:00-07:00

Citation: 694 So. 2d 774

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

Williamson v. Bertino

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-01T23:53:00-08:00

Citation: 685 So. 2d 93

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: Fla. Dist. Ct. App. | Date Filed: 1996-10-02T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1996-01-05T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1995-07-19T00:53:00-07:00

Citation: 657 So. 2d 966

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: Fla. Dist. Ct. App. | Date Filed: 1995-07-12T00:53:00-07:00

Citation: 657 So. 2d 1248

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

Serna v. Milanese, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-09-21T00:53:00-07:00

Citation: 643 So. 2d 36

Snippet: with section 673.4021, Florida Statutes (1993), effective January 1, 1993. Section 673.4021 provides in…(2) and section 673.4021(3), I find that the latter statute governs. Section 673.4021(3) does not diminish…viewed as retroactive, and thus forbidden. Section 673.4021 is not merely a procedural section that changes…not provide this express intention for section 673.4021 in Chapter 92-82, section 62, at 819, Laws of …enforce its right. The legislature created section 673.4021, effective January 1, 1993. The final judgment