Endossantes

Endossantes are the signatories who endorse a negotiable instrument, such as a check or promissory note, transferring the instrument’s rights to another party. By signing on the back or along the endorsement line, the endossante conveys ownership of the instrument to a new holder, who becomes the endosatario. Endossantes can be individuals or legal entities, including banks, companies, or any party that holds the instrument and wishes to transfer it.

Endorsements can take several forms. A blank endorsement, or endoso en blanco, does not name a specific endosatario, making the bearer of the instrument the holder. A special or named endorsement, or endoso con nombre, identifies a particular person or entity to receive the instrument. Endorsements can also be partial, transferring only part of the rights, or include qualifiers such as a restriction or a recourse clause, which can affect the liability of the endossante.

Liability and risk are central to the role of endossantes. In most jurisdictions, endossantes may be responsible for payment if the instrument is dishonored and the holder seeks recourse, with liability often extending to subsequent holders in the chain of endorsements. Some forms of endorsement, such as a recourse waiver or “without recourse” endorsement, can limit or exclude an endossante’s liability, depending on the governing law and the language used. The exact rules and interpretations vary by jurisdiction and by the type of negotiable instrument involved.

In practice, endossantes play a key role in the circulation of negotiable instruments, enabling the transfer of claims and liquidity while shaping the rights and obligations of all parties in the endorsement chain.