In this section:
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.
Under subsection (b), 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.
Structure Mississippi Code
Title 75 - Regulation of Trade, Commerce and Investments
Chapter 3 - Uniform Commercial Code - Negotiable Instruments
Part 4 - . Liability of Parties
§ 75-3-402. Signature by representative
§ 75-3-403. Unauthorized signature
§ 75-3-404. Impostors; fictitious payees
§ 75-3-405. Employer's responsibility for fraudulent indorsement by employee
§ 75-3-406. Negligence contributing to forged signature or alteration of instrument
§ 75-3-408. Drawee not liable on unaccepted draft
§ 75-3-409. Acceptance of draft; certified check
§ 75-3-410. Acceptance varying draft
§ 75-3-411. Refusal to pay cashier's checks, teller's checks, and certified checks
§ 75-3-412. Obligation of issuer of note or cashier's check
§ 75-3-413. Obligation of acceptor
§ 75-3-414. Obligation of drawer
§ 75-3-415. Obligation of indorser
§ 75-3-416. Transfer warranties
§ 75-3-417. Presentment warranties
§ 75-3-418. Payment or acceptance by mistake