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HomeCommercial CodeDiv. 8Ch. 4§ 8402 Issuer Assurance Requirements

§ 8402 Issuer Assurance Requirements

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

§ 8402 Issuer Assurance Requirements

Key Takeaways

  • •If you sign over a check or give instructions about money, the bank can ask for proof it's really you.
  • •If someone else signs for you (like a helper or a boss), the bank can ask for proof they have the right to do that.
  • •If more than one person needs to sign (like two parents for a kid's account), the bank can ask for all signatures.
  • •The bank can ask for extra proof if they think it's needed.

Example

You want to cash a check your grandma gave you, but you're only 10 years old.

The bank can ask your mom or dad to sign too, to make sure it's okay for you to get the money. They might also ask to see your mom or dad's ID to prove they're really your parents.

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

Official Source
View on CA.gov

§ 8402 Issuer Assurance Requirements

(a) An issuer may require the following assurance that each necessary endorsement or each instruction is genuine and authorized: (1) In all cases, a guaranty of the signature of the person making an endorsement or originating an instruction including, in the case of an instruction, reasonable assurance of identity. (2) If the endorsement is made or the instruction is originated by an agent, appropriate assurance of actual authority to sign. (3) If the endorsement is made or the instruction is originated by a fiduciary pursuant to paragraph (4) or (5) of Section 8107, appropriate evidence of appointment or incumbency. (4) If there is more than one fiduciary, reasonable assurance that all who are required to sign have done so. (5) If the endorsement is made or the instruction is originated by a person not covered by another provision of this subdivision, assurance appropriate to the case corresponding as nearly as may be to the provisions of this subdivision. (b) An issuer may elect to require reasonable assurance beyond that specified in this section. (c) In this section: (1) “Guaranty of the signature” means a guaranty signed by or on behalf of a person reasonably believed by the issuer to be responsible. An issuer may adopt standards with respect to responsibility if they are not manifestly unreasonable. (2) “Appropriate evidence of appointment or incumbency” means: (A) In the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of the court or an officer thereof and dated within 60 days before the date of presentation for transfer. (B) In any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by an issuer to be responsible or, in the absence of that document or certificate, other evidence the issuer reasonably considers appropriate. (Repealed and added by Stats. 1996, Ch. 497, Sec. 9. Effective January 1, 1997.)

Last verified: January 23, 2026

Key Terms

issuerendorsementinstructionguaranty of the signaturereasonable assurance of identityappropriate assurance of actual authorityfiduciaryappropriate evidence of appointment or incumbency

Related Statutes

  • § 3412 Issuer Obligation To Pay
  • § 7401 Issuer Obligations Despite Defects
  • § 7402 Duplicate Document Title Invalidity
  • § 8107 Security Ownership Rights
  • § 8305 Incomplete Instruction Completion

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 8402.
View Official Source