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This entry was published on 2014-09-22
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Form of Negotiable Instruments; "Draft"; "Check"; "Certificate of Deposit"; "Note"
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 3, PART 1
Section 3--104. Form of Negotiable Instruments; "Draft"; "Check";

"Certificate of Deposit"; "Note".

(1) Any writing to be a negotiable instrument within this Article must

(a) be signed by the maker or drawer; and

(b) contain an unconditional promise or order to pay a sum

certain in money and no other promise, order, obligation or

power given by the maker or drawer except as authorized by

this Article; and

(c) be payable on demand or at a definite time; and

(d) be payable to order or to bearer.

(2) A writing which complies with the requirements of this section is

(a) a "draft" ("bill of exchange") if it is an order;

(b) a "check" if it is a draft drawn on a bank and payable on


(c) a "certificate of deposit" if it is an acknowledgment by a

bank of receipt of money with an engagement to repay it;

(d) a "note" if it is a promise other than a certificate of


(3) As used in other Articles of this Act, and as the context may
require, the terms "draft", "check", "certificate of deposit" and "note"
may refer to instruments which are not negotiable within this Article as
well as to instruments which are so negotiable.