Title 11: UNIFORM COMMERCIAL CODE

Transcription

1 Title 11: UNIFORM COMMERCIAL CODE Article 3: Commercial Paper Table of Contents Part 1. SHORT TITLE, FORM AND INTERPRETATION... 5 Section SHORT TITLE... 5 Section DEFINITIONS AND INDEX OF DEFINITIONS... 5 Section LIMITATIONS ON SCOPE OF ARTICLE... 5 Section FORM OF NEGOTIABLE INSTRUMENTS; "DRAFT"; "CHECK"; "CERTIFICATE OF DEPOSIT"; "NOTE"... 5 Section A. RETURN OF PAID NOTE REQUIRED... 5 Section WHEN PROMISE OR ORDER UNCONDITIONAL... 5 Section SUM CERTAIN... 5 Section MONEY... 6 Section PAYABLE ON DEMAND... 6 Section DEFINITE TIME... 6 Section PAYABLE TO ORDER... 6 Section PAYABLE TO BEARER... 6 Section TERMS AND OMISSIONS NOT AFFECTING NEGOTIABILITY... 6 Section SEAL... 6 Section DATE, ANTEDATING, POSTDATING... 6 Section INCOMPLETE INSTRUMENTS... 7 Section INSTRUMENTS PAYABLE TO 2 OR MORE PERSONS... 7 Section INSTRUMENTS PAYABLE WITH WORDS OF DESCRIPTION... 7 Section AMBIGUOUS TERMS AND RULES OF CONSTRUCTION... 7 Section OTHER WRITINGS AFFECTING INSTRUMENT... 7 Section INSTRUMENTS "PAYABLE THROUGH" BANK... 7 Section INSTRUMENTS PAYABLE AT BANK... 7 Section ACCRUAL OF CAUSE OF ACTION... 7 Part 2. TRANSFER AND NEGOTIATION... 7 Section TRANSFER: RIGHT TO INDORSEMENT... 8 Section NEGOTIATION... 8 Section WRONG OR MISSPELLED NAME... 8 Section SPECIAL INDORSEMENT; BLANK INDORSEMENT... 8 Section RESTRICTIVE INDORSEMENTS... 8 Section EFFECT OF RESTRICTIVE INDORSEMENT... 8 i

2 Text current through November 1, 2017, see disclaimer at end of document. ii Section NEGOTIATION EFFECTIVE ALTHOUGH IT MAY BE RESCINDED... 8 Section REACQUISITION... 8 Part 3. RIGHTS OF A HOLDER... 8 Section RIGHTS OF A HOLDER... 9 Section HOLDER IN DUE COURSE... 9 Section TAKING FOR VALUE... 9 Section NOTICE TO PURCHASER... 9 Section RIGHTS OF A HOLDER IN DUE COURSE... 9 Section RIGHTS OF ONE NOT HOLDER IN DUE COURSE... 9 Section BURDEN OF ESTABLISHING SIGNATURES, DEFENSES AND DUE COURSE... 9 Part 4. LIABILITY OF PARTIES... 9 Section SIGNATURE... 9 Section SIGNATURE IN AMBIGUOUS CAPACITY Section SIGNATURE BY AUTHORIZED REPRESENTATIVE Section UNAUTHORIZED SIGNATURES Section IMPOSTORS; SIGNATURE IN NAME OF PAYEE Section NEGLIGENCE CONTRIBUTING TO ALTERATION OR UNAUTHORIZED SIGNATURE Section ALTERATION Section CONSIDERATION Section DRAFT NOT AN ASSIGNMENT Section DEFINITION AND OPERATION OF ACCEPTANCE Section CERTIFICATION OF A CHECK Section ACCEPTANCE VARYING DRAFT Section CONTRACT OF MAKER, DRAWER AND ACCEPTOR Section CONTRACT OF INDORSER; ORDER OF LIABILITY Section CONTRACT OF ACCOMMODATION PARTY Section CONTRACT OF GUARANTOR Section WARRANTIES ON PRESENTMENT AND TRANSFER Section FINALITY OF PAYMENT OR ACCEPTANCE Section CONVERSION OF INSTRUMENT; INNOCENT REPRESENTATIVE Part 5. PRESENTMENT, NOTICE OF DISHONOR AND PROTEST Section WHEN PRESENTMENT, NOTICE OF DISHONOR AND PROTEST NECESSARY OR PERMISSIBLE Section UNEXCUSED DELAY; DISCHARGE Section TIME OF PRESENTMENT Section HOW PRESENTMENT MADE Section RIGHTS OF PARTY TO WHOM PRESENTMENT IS MADE... 12

3 Text current through November 1, 2017, see disclaimer at end of document. Section TIME ALLOWED FOR ACCEPTANCE OR PAYMENT Section DISHONOR; HOLDER'S RIGHT OF RECOURSE; TERM ALLOWING REPRESENTMENT Section NOTICE OF DISHONOR Section PROTEST; NOTING FOR PROTEST Section EVIDENCE OF DISHONOR AND NOTICE OF DISHONOR Section WAIVED OR EXCUSED PRESENTMENT, PROTEST OR NOTICE OF DISHONOR OR DELAY THEREIN Part 6. DISCHARGE Section DISCHARGE OF PARTIES Section EFFECT OF DISCHARGE AGAINST HOLDER IN DUE COURSE Section PAYMENT OR SATISFACTION Section TENDER OF PAYMENT Section CANCELLATION AND RENUNCIATION Section IMPAIRMENT OF RECOURSE OR OF COLLATERAL Part 7. ADVICE OF INTERNATIONAL SIGHT DRAFT Section LETTER OF ADVICE OF INTERNATIONAL SIGHT DRAFT Part 8. MISCELLANEOUS Section DRAFTS IN A SET Section EFFECT OF INSTRUMENT ON OBLIGATION FOR WHICH IT IS GIVEN Section NOTICE TO THIRD PARTY Section LOST, DESTROYED OR STOLEN INSTRUMENTS Section INSTRUMENTS NOT PAYABLE TO ORDER OR TO BEARER iii

4 Text current through November 1, 2017, see disclaimer at end of document. iv

5 Maine Revised Statutes Title 11: UNIFORM COMMERCIAL CODE Article 3: Commercial Paper Part 1: SHORT TITLE, FORM AND INTERPRETATION SHORT TITLE DEFINITIONS AND INDEX OF DEFINITIONS LIMITATIONS ON SCOPE OF ARTICLE FORM OF NEGOTIABLE INSTRUMENTS; "DRAFT"; "CHECK"; "CERTIFICATE OF DEPOSIT"; "NOTE" A. RETURN OF PAID NOTE REQUIRED 1969, c. 421, 1 (NEW). 1969, c. 582, 1 (RP) WHEN PROMISE OR ORDER UNCONDITIONAL SUM CERTAIN Short title 5

6 MONEY PAYABLE ON DEMAND DEFINITE TIME PAYABLE TO ORDER PAYABLE TO BEARER TERMS AND OMISSIONS NOT AFFECTING NEGOTIABILITY SEAL DATE, ANTEDATING, POSTDATING Money

7 INCOMPLETE INSTRUMENTS INSTRUMENTS PAYABLE TO 2 OR MORE PERSONS INSTRUMENTS PAYABLE WITH WORDS OF DESCRIPTION AMBIGUOUS TERMS AND RULES OF CONSTRUCTION OTHER WRITINGS AFFECTING INSTRUMENT INSTRUMENTS "PAYABLE THROUGH" BANK INSTRUMENTS PAYABLE AT BANK ACCRUAL OF CAUSE OF ACTION Part 2: TRANSFER AND NEGOTIATION Instruments payable to 2 or more persons 7

8 TRANSFER: RIGHT TO INDORSEMENT NEGOTIATION WRONG OR MISSPELLED NAME SPECIAL INDORSEMENT; BLANK INDORSEMENT RESTRICTIVE INDORSEMENTS EFFECT OF RESTRICTIVE INDORSEMENT NEGOTIATION EFFECTIVE ALTHOUGH IT MAY BE RESCINDED REACQUISITION Part 3: RIGHTS OF A HOLDER Negotiation

9 RIGHTS OF A HOLDER HOLDER IN DUE COURSE 1971, c. 474, (AMD) TAKING FOR VALUE NOTICE TO PURCHASER RIGHTS OF A HOLDER IN DUE COURSE RIGHTS OF ONE NOT HOLDER IN DUE COURSE BURDEN OF ESTABLISHING SIGNATURES, DEFENSES AND DUE COURSE SIGNATURE Part 4: LIABILITY OF PARTIES Holder in due course 9

10 SIGNATURE IN AMBIGUOUS CAPACITY SIGNATURE BY AUTHORIZED REPRESENTATIVE UNAUTHORIZED SIGNATURES IMPOSTORS; SIGNATURE IN NAME OF PAYEE NEGLIGENCE CONTRIBUTING TO ALTERATION OR UNAUTHORIZED SIGNATURE ALTERATION CONSIDERATION DRAFT NOT AN ASSIGNMENT Signature in ambiguous capacity

11 DEFINITION AND OPERATION OF ACCEPTANCE CERTIFICATION OF A CHECK ACCEPTANCE VARYING DRAFT CONTRACT OF MAKER, DRAWER AND ACCEPTOR CONTRACT OF INDORSER; ORDER OF LIABILITY CONTRACT OF ACCOMMODATION PARTY CONTRACT OF GUARANTOR WARRANTIES ON PRESENTMENT AND TRANSFER FINALITY OF PAYMENT OR ACCEPTANCE Certification of a check 11

12 CONVERSION OF INSTRUMENT; INNOCENT REPRESENTATIVE Part 5: PRESENTMENT, NOTICE OF DISHONOR AND PROTEST WHEN PRESENTMENT, NOTICE OF DISHONOR AND PROTEST NECESSARY OR PERMISSIBLE UNEXCUSED DELAY; DISCHARGE TIME OF PRESENTMENT HOW PRESENTMENT MADE RIGHTS OF PARTY TO WHOM PRESENTMENT IS MADE TIME ALLOWED FOR ACCEPTANCE OR PAYMENT Conversion of instrument; innocent representative

13 DISHONOR; HOLDER'S RIGHT OF RECOURSE; TERM ALLOWING REPRESENTMENT NOTICE OF DISHONOR PROTEST; NOTING FOR PROTEST 1979, c. 541, A105 (AMD) EVIDENCE OF DISHONOR AND NOTICE OF DISHONOR 1965, c. 306, 10 (AMD) WAIVED OR EXCUSED PRESENTMENT, PROTEST OR NOTICE OF DISHONOR OR DELAY THEREIN DISCHARGE OF PARTIES Part 6: DISCHARGE EFFECT OF DISCHARGE AGAINST HOLDER IN DUE COURSE PAYMENT OR SATISFACTION Notice of dishonor 13

14 TENDER OF PAYMENT CANCELLATION AND RENUNCIATION IMPAIRMENT OF RECOURSE OR OF COLLATERAL Part 7: ADVICE OF INTERNATIONAL SIGHT DRAFT LETTER OF ADVICE OF INTERNATIONAL SIGHT DRAFT DRAFTS IN A SET Part 8: MISCELLANEOUS 1965, c. 306, 11 (AMD) EFFECT OF INSTRUMENT ON OBLIGATION FOR WHICH IT IS GIVEN NOTICE TO THIRD PARTY 1965, c. 306, 12 (AMD) LOST, DESTROYED OR STOLEN INSTRUMENTS Tender of payment

15 INSTRUMENTS NOT PAYABLE TO ORDER OR TO BEARER The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication: All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the First Special Session of the 128th Maine Legislature and is current through November 1, The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text. The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our goal is not to restrict publishing activity, but to keep track of who is publishing what, to identify any needless duplication and to preserve the State's copyright rights. PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney Instruments not payable to order or to bearer 15