673.4011 Signature.— (1) 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 s. 673.4021. (2) A signature may be made: (a) Manually or by means of a device or machine; […]
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 […]
673.4031 Unauthorized signature.— (1) Unless otherwise provided in this chapter or chapter 674, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized signature may be ratified for all purposes of this chapter. (2) If the […]
673.4041 Impostors; fictitious payees.— (1) If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an indorsement of […]
673.4051 Employer’s responsibility for fraudulent indorsement by employee.— (1) In this section, the term: (a) “Employee” includes an independent contractor retained by the employer and also includes an employee of an independent contractor retained by the employer. (b) “Fraudulent indorsement” means: 1. In the case of an instrument payable to the employer, a forged indorsement purporting to be that of […]
673.4061 Negligence contributing to forged signature or alteration of instrument.— (1) A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who, in good faith, pays the instrument […]
673.4071 Alteration.— (1) The term “alteration” means: (a) An unauthorized change in an instrument which change purports to modify in any respect the obligation of a party; or (b) An unauthorized addition of words or numbers or other change to an incomplete instrument which addition or change relates to the obligation of a party. (2) Except as provided in subsection […]
673.4081 Drawee not liable on unaccepted draft.—A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee which are available for its payment, and the drawee is not liable on the instrument until the drawee accepts it. History.—s. 2, ch. 92-82.
673.4091 Acceptance of draft; certified check.— (1) The term “acceptance” means the drawee’s signed agreement to pay a draft as presented. Acceptance must be written on the draft and may consist of the drawee’s signature alone. Acceptance may be made at any time and becomes effective when notification pursuant to instructions is given or the accepted draft […]
673.4101 Acceptance varying draft.— (1) If the terms of a drawee’s acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat the draft as dishonored. In that case, the drawee may cancel the acceptance. (2) The terms of a draft are not varied by an acceptance to pay at a […]
673.4111 Refusal to pay cashier’s checks, teller’s checks, and certified checks.— (1) In this section, the term “obligated bank” means: (a) The acceptor of a certified check; or (b) The issuer of a cashier’s check or teller’s check bought from the issuer. (2) If the obligated bank wrongfully refuses to pay a cashier’s check or certified check, wrongfully stops payment […]
673.4121 Obligation of issuer of note or cashier’s check.—The issuer of a note or cashier’s check or other draft drawn on the drawer is obliged to pay the instrument: (1) According to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder; or (2) If […]
673.4131 Obligation of acceptor.— (1) The acceptor of a draft is obliged to pay the draft: (a) According to its terms at the time it was accepted, even though the acceptance states that the draft is payable “as originally drawn” or equivalent terms; (b) If the acceptance varies the terms of the draft, according to the terms of the […]
673.4141 Obligation of drawer.— (1) This section does not apply to cashier’s checks or other drafts drawn on the drawer. (2) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft: (a) According to its terms at the time it was issued or, if not issued, at the time it first came into possession of […]
673.4151 Obligation of indorser.— (1) Subject to subsections (2), (3), and (4) and to s. 673.4191(4), if an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument: (a) According to the terms of the instrument at the time it was indorsed; or (b) If the indorser indorsed an incomplete instrument, according to its […]
673.4161 Transfer warranties.— (1) A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee that: (a) The warrantor is a person entitled to enforce the instrument; (b) All signatures on the instrument are authentic and authorized; (c) The instrument has not been altered; (d) The instrument is not […]
673.4171 Presentment warranties.— (1) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at the time of presentment, and a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the […]
673.4181 Payment or acceptance by mistake.— (1) Except as provided in subsection (3), if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that payment of the draft had not been stopped pursuant to s. 674.403 or that the signature of the drawer of the draft was authorized, […]
673.4191 Instruments signed for accommodation.— (1) If an instrument is issued for value given for the benefit of a party to the instrument (“accommodated party”) and another party to the instrument (“accommodation party”) signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, […]
673.4201 Conversion of instrument.— (1) The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or a bank makes or obtains payment with respect to the instrument for a person not entitled […]
