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§12A-3-110.
§12A-3-110.
IDENTIFICATION OF PERSON TO WHOM INSTRUMENT IS PAYABLE
(a) The person to whom an instrument is initially payable is
determined by the intent of the person, whether or not authorized,
signing as, or in the name or behalf of, the issuer of the instrument.
The instrument is payable to the person intended by the signer even if
that person is identified in the instrument by a name or other
identification that is not that of the intended person. If more than
one person signs in the name or behalf of the issuer of an instrument
and all the signers do not intend the same person as payee, the
instrument is payable to any person intended by one or more of the
signers.
(b) If the signature of the issuer of an instrument is made by
automated means, such as a check-writing machine, the payee of the
instrument is determined by the intent of the person who supplied the
name or identification of the payee, whether or not authorized to do
so.
(c) A person to whom an instrument is payable may be identified in any
way, including by name, identifying number, office, or account number.
For the purpose of determining the holder of an instrument, the
following rules apply:
(1) If an instrument is payable to an account and the account is
identified only by number, the instrument is payable to the person to
whom the account is payable. If an instrument is payable to an account
identified by number and by the name of a person, the instrument is
payable to the named person, whether or not that person is the owner
of the account identified by number.
(2) If an instrument is payable to:
(i) a trust, an estate, or a person described as trustee or
representative of a trust or estate, the instrument is payable to the
trustee, the representative, or a successor of either, whether or not
the beneficiary or estate is also named;
(ii) a person described as agent or similar representative of a named
or identified person, the instrument is payable to the represented
person, the representative, or a successor of the representative;
(iii) a fund or organization that is not a legal entity, the
instrument is payable to a representative of the members of the fund
or organization; or
(iv) an office or to a person described as holding an office, the
instrument is payable to the named person, the incumbent of the
office, or a successor to the incumbent.
(d) If an instrument is payable to two or more persons alternatively,
it is payable to any of them and may be negotiated, discharged, or
enforced by any or all of them in possession of the instrument. If an
instrument is payable to two or more persons not alternatively, it is
payable to all of them and may be negotiated, discharged, or enforced
only by all of them. If an instrument payable to two or more persons
is ambiguous as to whether it is payable to the persons alternatively,
the instrument is payable to the persons alternatively.
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