KANSAS OFFICE of
  REVISOR of STATUTES

  

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84-3-401. Signature. (a) A person is not liable on an instrument unless (1) the person signed the instrument, or (2) the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under K.S.A. 84-3-402.

(b) A signature may be made (1) manually or by means of a device or machine, and (2) by the use of any name, including a trade or assumed name, or by a word, mark or symbol executed or adopted by a person with present intention to authenticate a writing.

History: L. 1991, ch. 296, § 38; February 1, 1992.

KANSAS COMMENT, 1996

This section is identical to the 1995 Official Text except that the lower case roman numerals have been replaced by arabic numerals. It is derived from and substantially similar to the text of the former 84-3-401. Historical case and statutory references can be obtained from the 1965 and 1983 bound volume 7 of the Kansas Statutes Annotated.

Subsection (a) recognizes that an unnamed principal can be made liable on the instrument by the signature of an agent, a change from the prior provisions on agency in article 3. The word "signed" is broadly defined in 84-1-201(39) to include "any symbol executed or adopted by a party with present intention to authenticate a writing," a definition reiterated here. Since it must be intended to authenticate the writing, litigation may be required to prove intent in cases where symbols are used or where the alleged signature is in the body of the instrument.

Revisor's Note:

Former section 84-3-401 was repealed by L. 1991, ch. 296, § 111 and the number reassigned to the current text.


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