What Is Forgery and How Does It Expose an Arizona Business to Liability?
Forged signatures on a contract, a check, or a corporate document can create real financial exposure, whether your business is the victim of the forgery or is facing an attempt to enforce a document you never actually signed.
By Michael Tamou · Updated August 15, 2026
What Counts as Forgery Under Arizona Law?
Quick answer: Under A.R.S. § 13-2002, forgery generally means falsely making, completing, or altering a written instrument, or knowingly offering or presenting a forged instrument, with the intent to defraud. In a business context, this most often shows up as forged signatures on contracts, checks, or corporate authorization documents, and it can create civil liability separate from any criminal prosecution.
On This Page
- What Counts as Forgery Under Arizona Law?
- What Forgery Actually Means Under Arizona Law
- How Forgery Shows Up in Business Disputes
- Civil Remedies When Your Business Is the Victim of Forgery
- What If a Forged Document Is Being Used Against Your Business?
- Criminal Referral and Civil Claims Run on Separate Tracks
- Evidence That Actually Matters in a Forgery Dispute
- Steps to Take if You Suspect Forgery
- FAQs
What Forgery Actually Means Under Arizona Law
Arizona’s forgery statute, A.R.S. § 13-2002, is a criminal statute, but forgery matters just as much on the civil side of a business dispute. It generally covers falsely making, completing, or altering a written instrument (a signature, a contract, a check, a corporate document) or knowingly presenting a forged instrument as genuine, done with the intent to defraud someone. Forgery is a criminal offense, but the same conduct almost always gives rise to independent civil claims a business can pursue directly.
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How Forgery Shows Up in Business Disputes
Common patterns include: a forged signature added to a contract to make it appear a business agreed to terms it never actually accepted, a check forged or altered to divert company funds, corporate resolutions or authorization documents fabricated to make an unauthorized transaction appear approved, or a forged signature used to improperly transfer ownership of business property or an interest in the company itself.
Forgery often overlaps with other business torts, a forged document is frequently just one piece of a broader fraud or embezzlement scheme, rather than a standalone incident.
Civil Remedies When Your Business Is the Victim of Forgery
If your business was harmed by a forged document, several civil options are generally available: seeking a court declaration that the document is void and unenforceable, pursuing a fraud claim against whoever created or used the forged instrument, pursuing a conversion claim if the forgery was used to divert funds or property, and in the case of forged checks, pursuing claims against the bank that honored a forged instrument under Arizona’s version of the UCC, which places specific responsibilities on financial institutions.
What If a Forged Document Is Being Used Against Your Business?
Sometimes the concern runs the other direction: someone is trying to enforce a contract, a guaranty, or another obligation against your business based on a signature you say was never actually made. In that situation, the forgery itself becomes your defense, generally, a forged signature means there was never a valid, enforceable agreement in the first place, though proving the signature is actually forged, not just disputed, is its own evidentiary challenge.
Criminal Referral and Civil Claims Run on Separate Tracks
Like embezzlement, forgery can be reported to law enforcement for criminal prosecution while your business separately pursues civil claims for its actual losses. The criminal process punishes the wrongdoer and can result in restitution, but a civil claim, pursued directly by your business, is generally the more reliable path to full financial recovery and to voiding a forged document’s legal effect.
Evidence That Actually Matters in a Forgery Dispute
Forgery disputes are won or lost on specific evidence: the original document itself, preserved without alteration, exemplars of the genuine signature for comparison, forensic handwriting or document examination where the forgery isn’t obvious on its face, digital metadata if the document was created or altered electronically, and the timeline of who had access to the document and when.
Steps to Take if You Suspect Forgery
- Preserve the original document immediately – do not alter, sign over, or discard it.
- Do not confront the suspected forger before consulting an attorney – this can compromise both civil and criminal options.
- Gather comparison signatures or documents – genuine exemplars from the relevant time period.
- Identify the financial or legal impact – what the forged document was used to accomplish.
- Consult a business litigation attorney – to evaluate civil claims and coordinate with any criminal referral.
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Call 602-932-6010Related Practice Areas
Business Protection and Asset Risk ManagementFraud and Misrepresentation LitigationWhat Is Forgery and How Does It Expose an Arizona Business to Liability? FAQs
Is forgery always a felony in Arizona?
Forgery under A.R.S. § 13-2002 is generally classified as a felony, though the specific classification can depend on the type of instrument involved.
Can my business void a contract if a signature on it was forged?
Generally yes, a forged signature means there was never a valid, mutual agreement to the contract, which is a strong defense against enforcement, though proving the forgery is the key evidentiary hurdle.
What if the bank honored a check with a forged signature?
Banks generally have specific responsibilities under Arizona’s version of the UCC to verify signatures, and may bear liability for honoring a clearly forged instrument, depending on the specific circumstances.
Do I need a handwriting expert to prove forgery?
Not always, some forgeries are obvious from context or other evidence, but for genuinely contested cases, a forensic document examiner’s opinion is often the deciding evidence.
Can I sue someone for forgery even if they’re also facing criminal charges?
Yes, civil claims and criminal prosecution proceed independently, and pursuing a civil claim does not require waiting for the criminal case to resolve.
What should I do if I discover a forged corporate resolution was used to authorize a transaction?
Preserve all related records immediately, and consult a business litigation attorney promptly, since unwinding an unauthorized transaction often requires quick action to prevent further harm.
Is altering a genuine document also forgery, or only creating a fake one from scratch?
Both. Arizona’s forgery statute covers falsely making, completing, or materially altering a written instrument, not just fabricating an entirely new one.
Key Takeaways
- Arizona’s forgery statute, A.R.S. § 13-2002, covers falsely making, altering, or knowingly presenting a forged instrument with intent to defraud.
- Forged documents can be challenged civilly as void and unenforceable, separate from any criminal case.
- A forged signature can serve as both a sword (a fraud claim) and a shield (a defense to enforcement).
- Preserve the original document and consult an attorney before confronting a suspected forger.
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