Q: Is UCC 3-402b2 proof of their being a separation between you and the "ALL CAPS NAME"
My friend is adamant that the ALL CAPS NAME (he told me to spell it like that when asking) is separate from the living human being which is separate from the natural person. He claims that the all caps name is a corporation acting as a "represented person". I showed him several court cases in regards to the fact that there is no separation between the two as they both represent the flesh and blood human being and yet he kept bringing me back to this.
A:
Corporate status is not determined by uppercase, lowercase or a combination of the two.
Jack
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A:
UCC 3-402(b)(2) does not provide proof of a legal separation between the living human being and the "ALL CAPS NAME." That section of the Uniform Commercial Code addresses the liability of an authorized representative when signing a negotiable instrument. Specifically, it clarifies that if a representative signs without making it clear that they are signing on behalf of a principal (a represented person), they may be personally liable for the obligation, but it does not establish a legal doctrine separating a person from their legal name in general.
The idea that the "ALL CAPS NAME" represents a corporation or some separate legal entity, distinct from the individual, has been debunked in numerous court rulings. Courts consistently find that a person's legal name, regardless of how it appears (upper or lower case), refers to the individual and does not create a separate corporate entity.
Your friend’s argument seems to stem from a misunderstanding of legal concepts. It might be helpful to focus on how the legal system actually recognizes a person and their legal name as inseparable, despite these claims about capitalization or corporate identity.
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