Title 11, Chapter 8, Section 402
( 11-8-402)
Assurance that indorsement or instruction is effective. (a) An issuer may require the following assurance that each
necessary indorsement or each instruction is genuine and authorized: (1) In all cases, a guaranty of the signature of the person making
an indorsement or originating an instruction including, in the
case of an instruction, reasonable assurance of identity; (2) If the indorsement is made or the instruction is originated by
an agent, appropriate assurance of actual authority to sign; (3) If the indorsement is made or the instruction is originated by a fiduciary pursuant to paragraph (4) or (5) of subsection (a) of Code Section 11-8-107, 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; and (5) If the indorsement is made or the instruction is originated by
a person not covered by another provision of this subsection,
assurance appropriate to the case corresponding as nearly as may
be to the provisions of this subsection. (b) An issuer may elect to require reasonable assurance beyond that
specified in this Code section. (c) In this Code 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: (i) 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; or (ii) 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. |