Chapter 93-A: Uniform Facsimile Signatures of Public Officials

As used in this chapter:

I. "Public security" means a bond, note, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any of its departments, agencies, or other instrumentalities or by any of its political subdivisions.

II. "Instrument of payment" means a check, draft, warrant, or order for the payment, delivery, or transfer of funds.

III. "Authorized officer" means any official of this state or any of its departments, agencies, or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted.

IV. "Facsimile signature" means a reproduction by engraving, imprinting, stamping, or other means of the manual signature of an authorized officer.

Any authorized officer may execute or cause to be executed with a facsimile signature in lieu of his manual signature:

I. Any public security, provided that the security contains at least one manually subscribed signature required or permitted to be placed thereon, or the manually subscribed signature of an authorized signer of a bank, trust company or other banking or financial institution acting as trustee, authenticating agent, transfer agent or similar agent; and

II. Any instrument of payment.

Upon compliance with this chapter by the authorized officer, his facsimile signature has the same legal effect as his manual signature.

When the seal of this state or any of its departments, agencies, or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.

Any person who with intent to defraud uses on a public security or an instrument of payment:

I. A facsimile signature, or any reproduction of it, of any authorized officer, or

II. Any facsimile seal, or any reproduction of it, of this state or any of its departments, agencies, or other instrumentalities or of any of its political subdivisions shall, be guilty of a class B felony if a natural person, or guilty of a felony if any other person.

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

This chapter may be cited as the Uniform Facsimile Signature of Public Officials Act.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.