(a) A person is not liable on an instrument unless (i) the person signed the instrument, (ii) the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under § 47-3-402, or (iii) if the instrument is a payee-initiated draft, the person is the customer on whose account the instrument is drawn and has authorized its creation according to the terms on its face.

Terms Used In Tennessee Code 47-3-401

  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
(b) A signature may be made (i) manually or by means of a device or machine, and (ii) 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.
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