This is an unauthorized agency behavior. Paragraph 2 of Article 5 of China's Negotiable Instruments Law stipulates that if there is no agent, the signer shall bear the bill liability in the name of the agent.
2. Party A bears the bill responsibility, while Party B does not bear any responsibility.
Because the agency behavior is to show the agency relationship, the unauthorized agent A will write that B authorizes A's agency affairs (actually not granted) and should sign or seal for agent A, and the principal B does not need to sign or seal (see the four requirements for establishing an agency by bill behavior for details). It's just that A signed and sealed, so A who signed and sealed bears the bill responsibility, and B does not bear any responsibility.
In the law of negotiable instruments, in order to ensure the strict literal line and the circulation ability of negotiable instruments, it is stipulated that the act of unauthorized agency shall be borne by the actor himself and has no effect on the principal.
Extended data
Bill agency mainly has the following three ways:
1. The agent signs the bill in his own name. This kind of agency behavior is the agent's own behavior, and the agent should bear the responsibility on the bill.
The agent signs the bill in his own name. In this case, the responsibility on the bill should be directly borne by the person acting on its behalf.
In addition to signing the bill, the agent also indicates the meaning of "acting for himself". In this case, the principal shall be responsible for the bill.
People's Republic of China (PRC) and Dianjiang County People's Congress Standing Committee, Bill Law City, China
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