Endossante

Endossante is a term used in negotiable instruments law to describe the person who signs the back of an instrument such as a bill of exchange or a promissory note to transfer its rights to another party or to guarantee payment.

The endorsement (endoso) can be made in favor of a named person (special endorsement) or, by signing only the back, in blank, turning the instrument into a bearer instrument.

When an endorsement occurs, the endorser transfers the instrument’s ownership to the endorsee; the endorsee becomes the holder with rights to collect the amount due. The instrument can be further endorsed by the holder to subsequent parties, creating a chain of endossanti and endossatari.

Liability: In most jurisdictions, endorsing the instrument creates secondary liability for the endorser if the maker, acceptor, or prior endorsers fail to pay. This liability can be limited by endorsing without recourse. The precise rights and duties depend on applicable law and the terms of the endorsement.

Etymology and usage: The term derives from the act of signing the back (“endorso”). Endossante is used in civil law contexts and in common-law practice in many jurisdictions that recognize negotiable instruments. The concept is central to the transferability of promissory notes, bills of exchange, and checks.