41-03-15. (3-115) Incomplete instrument.
172 words·~1 min read·
/nd/title-41/chapter-41-03-negotiable-instruments/41-03-15·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. "Incomplete instrument" means a signed writing, whether or not issued by the signer,
the contents of which show at the time of signing that it is incomplete but that the
signer intended it to be completed by the addition of words or numbers.
2. Subject to subsection 3, if an incomplete instrument is an instrument under section
41-03-04, it may be enforced according to its terms if it is not completed or according
to its terms as augmented by completion. If an incomplete instrument is not an
instrument under section 41-03-04 but, after completion, the requirements of section
41-03-04 are met, the instrument may be enforced according to its terms as
augmented by completion.
3. If words or numbers are added to an incomplete instrument without authority of the
signer, there is an alteration of the incomplete instrument governed by section
41-03-44.
4. The burden of establishing that words or numbers were added to an incomplete
instrument without authority of the signer is on the person asserting the lack of
authority.