§12A-3-104.

§12A-3-104.
   
                           NEGOTIABLE INSTRUMENT
                                      
   (a) Except as provided in subsections (c) and (d) of this section,
   "negotiable instrument" means an unconditional promise or order to pay
   a fixed amount of money, with or without interest or other charges
   described in the promise or order, if it:
   
   (1) is payable to bearer or to order at the time it is issued or first
   comes into possession of a holder;
   
   (2) is payable on demand or at a definite time; and
   
   (3) does not state any other undertaking or instruction by the person
   promising or ordering payment to do any act in addition to the payment
   of money, but the promise or order may contain (i) an undertaking or
   power to give, maintain, or protect collateral to secure payment, (ii)
   an authorization or power to the holder to confess judgment or realize
   on or dispose of collateral, or (iii) a waiver of the benefit of any
   law intended for the advantage or protection of an obligor.
   
   (b) "Instrument" means a negotiable instrument.
   
   (c) An order that meets all of the requirements of subsection (a) of
   this section, except paragraph (1), and otherwise falls within the
   definition of "check" in subsection (f) of this section is a
   negotiable instrument and a check.
   
   (d) A promise or order other than a check is not an instrument if, at
   the time it is issued or first comes into possession of a holder, it
   contains a conspicuous statement, however expressed, to the effect
   that the promise or order is not negotiable or is not an instrument
   governed by this article.
   
   (e) An instrument is a "note" if it is a promise and is a "draft" if
   it is an order. If an instrument falls within the definition of both
   "note" and "draft", a person entitled to enforce the instrument may
   treat it as either.
   
   (f) "Check" means (i) a draft, other than a documentary draft, payable
   on demand and drawn on a bank or (ii) a cashier's check or teller's
   check. An instrument may be a check even though it is described on its
   face by another term, such as "money order".
   
   (g) "Cashier's check" means a draft with respect to which the drawer
   and drawee are the same bank or branches of the same bank.
   
   (h) "Teller's check" means a draft drawn by a bank (i) on another
   bank, or (ii) payable at or through a bank.
   
   (i) "Traveler's check" means an instrument that (i) is payable on
   demand, (ii) is drawn on or payable at or through a bank, (iii) is
   designated by the term "traveler's check" or by a substantially
   similar term, and (iv) requires, as a condition to payment, a
   countersignature by a person whose specimen signature appears on the
   instrument.
   
   (j) "Certificate of deposit" means an instrument containing an
   acknowledgment by a bank that a sum of money has been received by the
   bank and a promise by the bank to repay the sum of money. A
   certificate of deposit is a note of the bank.