§12A-3-110. Identification of Person to Whom Instrument is Payable.
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/ok/title-12a-uniform-commercial-code/12a-3-110·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
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. Laws 1961, p. 104, § 3-110; Laws 1991, c. 117, § 35, eff. Jan. 1, 1992.