Tennessee Code Annotated

Tenn. Code Ann. § 47-3-405 (2026)

Employer's responsibility for fraudulent endorsement by employee

✓ current as of May 2026

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(a) In this section:
- (1) "Employee" includes an independent contractor and employee of an independent contractor retained by the employer.
- (2) "Fraudulent endorsement" means
  - (i) in the case of an instrument payable to the employer, a forged endorsement purporting to be that of the employer, or
  - (ii) in the case of an instrument with respect to which the employer is the issuer, a forged endorsement purporting to be that of the person identified as payee.
- (3) "Responsibility" with respect to instruments means authority (i) to sign or endorse instruments on behalf of the employer, (ii) to process instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition, (iii) to prepare or process instruments for issue in the name of the employer, (iv) to supply information determining the names or addresses of payees of instruments to be issued in the name of the employer, (v) to control the disposition of instruments to be issued in the name of the employer, or (vi) to act otherwise with respect to instruments in a responsible capacity. "Responsibility" does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail, or similar access.

(b) For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent endorsement of the instrument, the endorsement is effective as the endorsement of the person to whom the instrument is payable if it is made in the name of that person.

(c) Under subsection (b), an endorsement is made in the name of the person to whom an instrument is payable if (i) it is made in a name substantially similar to the name of that person or (ii) the instrument, whether or not endorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person.

Acts 1995, ch. 397, § 2.

Notes of Decisions

Cited in 5 cases, 1973–2018 · leading case: McConnico v. Third Nat'l Bank in Nashville, 499 S.W.2d 874 (Tenn. 1973).

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McConnico v. Third Nat'l Bank in Nashville, 499 S.W.2d 874 (Tenn. 1973). · cites it 20× “" The situation then is precisely the situation mentioned in paragraph 3c of the Official Code Comments to T.C.A. § 47-3-405. The only element which could possibly be in doubt is the intent of the drawer.”

C-Wood Lumber Co. v. Wayne Cnty. Bank, 233 S.W.3d 263 (Tenn. Ct. App. 2007). · cites it 4× “§ 47-3-307 rather than by Tenn.Code Ann. §§ 47-3-405 or 47-3-406. 35 Section 3-307 ( Tenn.”

Contour Indus., Inc. v. U.S. Bank, N.A., 437 F. App'x 408 (6th Cir. 2011). · cites it 3× “” Tenn. Code Ann. § 47-3-405 (a)(2). However, the court concluded that a material issue of fact existed as to whether U.”

Hackman v. Wilson (In re Hackman), 534 B.R. 867 (Bankr. E.D. Va. 2015). · cites it 2× “Tenn. Code § 47-3-405(b) provides: For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument, and…”

Mark IV Enter., Inc. v. Bank Of Am., N.A. (Tenn. Ct. App. 2018). “§ 47-3-404 “Imposters; Fictitious Payees” and/or § 47-3-405 “Employer’s Responsibility for Fraudulent Endorsement by Employee.”

— Tenn. Code Ann. § 47-3-405(1) — 1 case

McConnico v. Third Nat'l Bank in Nashville, 499 S.W.2d 874 (Tenn. 1973). “" The situation then is precisely the situation mentioned in paragraph 3c of the Official Code Comments to T.C.A. § 47-3-405. The only element which could possibly be in doubt is the intent of the drawer.”

— Tenn. Code Ann. § 47-3-405(1)(b) — 1 case

— Tenn. Code Ann. § 47-3-405(b) — 2 cases

Contour Indus., Inc. v. U.S. Bank, N.A., 437 F. App'x 408 (6th Cir. 2011). “” Tenn. Code Ann. § 47-3-405 (a)(2). However, the court concluded that a material issue of fact existed as to whether U.”

Hackman v. Wilson (In re Hackman), 534 B.R. 867 (Bankr. E.D. Va. 2015). “Tenn. Code § 47-3-405(b) provides: For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument, and…”

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