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HomeCommercial CodeDiv. 3Ch. 4§ 3401 Instrument Signer Liability

§ 3401 Instrument Signer Liability

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

§ 3401 Instrument Signer Liability

Key Takeaways

  • •You can't be forced to pay for a check or promise to pay unless you signed it yourself.
  • •If someone else signs for you (like a helper or worker), you still have to pay only if the law says their signature counts for you.
  • •If you didn’t sign and no one had the right to sign for you, you don’t owe the money.

Example

Your friend signs a check using your name without your permission to buy a new TV.

You don’t have to pay for the TV because you didn’t sign the check, and your friend wasn’t allowed to sign for you.

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

Official Source
View on CA.gov

§ 3401 Instrument Signer Liability

A person is not liable on an instrument unless (a) the person signed the instrument, or (b) the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under Section 3402. (Amended by Stats. 2023, Ch. 210, Sec. 13. (SB 95) Effective January 1, 2024.)

Last verified: January 23, 2026

Key Terms

liableinstrumentsignedagentSection 3402

Related Statutes

  • § 3405 Employer Fraudulent Indorsement Liability
  • § 3408 Check Not Funds Assignment
  • § 3419 Accommodation Party Liability
  • § 3420 Instrument Conversion Liability
  • § 10401 Lease Performance Assurance Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 3401.
View Official Source