33Person signing as agent or in representative capacity

33 Person signing as agent or in representative capacity

(1) Where: (a) a person (in this subsection referred to as the signer) signs a cheque for or on behalf of a principal or in a representative capacity; (b) the signer adds words to the signature indicating that the signer signs for or on behalf of a principal or in a representative capacity; and (c) the person for or on whose behalf the signer signs the cheque is named, or otherwise indicated with reasonable certainty, in the cheque; the signer is not personally liable on the cheque. (2) Where: (a) a person (in this subsection referred to as the signer) signs a cheque and adds words to the signature indicating that the signer signs for or on behalf of a principal or in a representative capacity, but: (i) the signer does not in fact sign for or on behalf of the principal or in the representative capacity, as the case may be; or (ii) the person for or on whose behalf the signer signs the cheque is not named, or otherwise indicated with reasonable certainty, in the cheque; or (b) a person (in this subsection also referred to as the signer) signs a cheque and merely adds words to the signature describing the signer as an agent or as having a representative capacity; the addition of those words does not prevent the signer from being personally liable on the cheque.