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HomeCommercial CodeDiv. 3Ch. 2§ 3204 Indorsement Indorser Definition

§ 3204 Indorsement Indorser Definition

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 3204 Indorsement Indorser Definition

Key Takeaways

  • •An 'indorsement' is a signature on a check or similar paper that helps transfer it, limit how it's paid, or make the signer responsible for it.
  • •If you sign a check in a way that isn't totally clear you didn't mean to transfer it, it counts as an indorsement.
  • •If a check is made out to a fake name or wrong name, the real owner can sign it with either the fake name, their real name, or both.
  • •A signature on a sticky note attached to the check still counts as part of the check.

Example

You receive a check made out to 'Mickey Mouse' but your real name is John Smith.

You can sign the back of the check as 'Mickey Mouse,' 'John Smith,' or both to cash it. The bank might ask you to sign both names if they're being careful.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3204 Indorsement Indorser Definition

(a) “Indorsement” means a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of (1) negotiating the instrument, (2) restricting payment of the instrument, or (3) incurring indorser’s liability on the instrument, but regardless of the intent of the signer, a signature and its accompanying words is an indorsement unless the accompanying words, terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was made for a purpose other than indorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument. (b) “Indorser” means a person who makes an indorsement. (c) For the purpose of determining whether the transferee of an instrument is a holder, an indorsement that transfers a security interest in the instrument is effective as an unqualified indorsement of the instrument. (d) If an instrument is payable to a holder under a name that is not the name of the holder, indorsement may be made by the holder in the name stated in the instrument or in the holder’s name or both, but signature in both names may be required by a person paying or taking the instrument for value or collection. (Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)

Last verified: January 23, 2026

Key Terms

indorsementindorsernegotiating the instrumentrestricting paymentincurring indorser’s liability

Related Statutes

  • § 3201 Negotiation Of Instruments
  • § 3203 Instrument Transfer Rights
  • § 3206 Negotiation Of Restricted Instruments
  • § 7505 Endorsement Liability Limitation
  • § 10201 Lease Contract Enforcement Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 3204.
View Official Source