Okla. Stat. tit. 12A, § 12A-3-405
This is the official text of Okla. Stat. tit. 12A, § 12A-3-405, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Employer's Responsibility for Fraudulent Indorsement by
Official statutory text
Employee.
EMPLOYER'S RESPONSIBILITY FOR FRAUDULENT
INDORSEMENT BY EMPLOYEE
(a) In this section:
(1) "Employee" includes an independent contractor and
employee of an independent contractor retained by the
employer;
(2) "Fraudulent indorsement" means (i) in the case of an
instrument payable to the employer, a forged
indorsement purporting to be that of the employer, or
(ii) in the case of an instrument with respect to
which the employer is the issuer, a forged indorsement
purporting to be that of the person identified as
payee; and
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 309
(3) "Responsibility" with respect to instruments means
authority (i) to sign or indorse instruments on behalf
of the employer, (ii) to process instruments received
by the employer for bookkeeping purposes, for deposit
to an account, or for other disposition, (iii) to
prepare or process instruments for issue in the name
of the employer, (iv) to supply information
determining the names or addresses of payees of
instruments to be issued in the name of the employer,
(v) to control the disposition of instruments to be
issued in the name of the employer, or (vi) to act
otherwise with respect to instruments in a responsible
capacity. "Responsibility" does not include authority
that merely allows an employee to have access to
instruments or blank or incomplete instrument forms
that are being stored or transported or are part of
incoming or outgoing mail, or similar access.
(b) For the purpose of determining the rights and liabilities
of a person who, in good faith, pays an instrument or takes it for
value or for collection, if an employer entrusted an employee with
responsibility with respect to the instrument and the employee or a
person acting in concert with the employee makes a fraudulent
indorsement of the instrument, the indorsement is effective as the
indorsement of the person to whom the instrument is payable if it is
made in the name of that person. If the person paying the
instrument or taking it for value or for collection fails to
exercise ordinary care in paying or taking the instrument and that
failure substantially contributes to loss resulting from the fraud,
the person bearing the loss may recover from the person failing to
exercise ordinary care to the extent the failure to exercise
ordinary care contributed to the loss.
(c) Under subsection (b) of this section, an indorsement is
made in the name of the person to whom an instrument is payable if
(i) it is made in a name substantially similar to the name of that
person or (ii) the instrument, whether or not indorsed, is deposited
in a depositary bank to an account in a name substantially similar
to the name of that person.
EMPLOYER'S RESPONSIBILITY FOR FRAUDULENT
INDORSEMENT BY EMPLOYEE
(a) In this section:
(1) "Employee" includes an independent contractor and
employee of an independent contractor retained by the
employer;
(2) "Fraudulent indorsement" means (i) in the case of an
instrument payable to the employer, a forged
indorsement purporting to be that of the employer, or
(ii) in the case of an instrument with respect to
which the employer is the issuer, a forged indorsement
purporting to be that of the person identified as
payee; and
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 309
(3) "Responsibility" with respect to instruments means
authority (i) to sign or indorse instruments on behalf
of the employer, (ii) to process instruments received
by the employer for bookkeeping purposes, for deposit
to an account, or for other disposition, (iii) to
prepare or process instruments for issue in the name
of the employer, (iv) to supply information
determining the names or addresses of payees of
instruments to be issued in the name of the employer,
(v) to control the disposition of instruments to be
issued in the name of the employer, or (vi) to act
otherwise with respect to instruments in a responsible
capacity. "Responsibility" does not include authority
that merely allows an employee to have access to
instruments or blank or incomplete instrument forms
that are being stored or transported or are part of
incoming or outgoing mail, or similar access.
(b) For the purpose of determining the rights and liabilities
of a person who, in good faith, pays an instrument or takes it for
value or for collection, if an employer entrusted an employee with
responsibility with respect to the instrument and the employee or a
person acting in concert with the employee makes a fraudulent
indorsement of the instrument, the indorsement is effective as the
indorsement of the person to whom the instrument is payable if it is
made in the name of that person. If the person paying the
instrument or taking it for value or for collection fails to
exercise ordinary care in paying or taking the instrument and that
failure substantially contributes to loss resulting from the fraud,
the person bearing the loss may recover from the person failing to
exercise ordinary care to the extent the failure to exercise
ordinary care contributed to the loss.
(c) Under subsection (b) of this section, an indorsement is
made in the name of the person to whom an instrument is payable if
(i) it is made in a name substantially similar to the name of that
person or (ii) the instrument, whether or not indorsed, is deposited
in a depositary bank to an account in a name substantially similar
to the name of that person.
Status: in_force · Read it on the official government site
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