Endossatários

Endossatários are holders who acquire the rights embedded in a negotiable instrument through endorsement. The term comes from endosso, the act by which rights and obligations arising from documents such as cheques, notas promissórias (promissory notes) or letras de câmbio (bills of exchange) are transferred from one party to another. The endossatário is the person or entity named to receive the instrument’s rights in the endorsement chain.

Through an endorsement, the endossatário becomes the new holder of the instrument and thus entitled to demand payment or performance from the instrument’s maker or drawer, and from prior endorsers if necessary. The rights can be transferred further by subsequent endorsements, creating a chain of title. Endorsements can be of different types, such as pleno (full endorsement, transferring rights and liabilities) or em branco (blank endorsement, often converting the instrument into a bearer instrument).

Liability and defenses depend on the jurisdiction, but in general the endossatário assumes the rights of the holder and can pursue payment or performance. If the instrument is dishonored, the endossatário may have recourse to the endorsers in the order established by law, subject to the terms of the endorsement and the instrument. The position of the endossatário thus hinges on the valid and properly executed endorsement, as well as the instrument’s provisions and applicable legal regime.

Endossatários play a central role in the circulation of credit instruments in commercial practice, enabling rapid transfer of claims and liquidity within supply chains and financial markets. Related concepts include endossante (the endorser) and titulo de crédito (negotiable instrument).