7-3-404
Section 7-3-404 Impostors; fictitious payees. (a) If an impostor, by use of the mails or otherwise,
induces the issuer of an instrument to issue the instrument to the impostor, or to a person
acting in concert with the impostor, by impersonating the payee of the instrument or a person
authorized to act for the payee, an indorsement of the instrument by any person in the name
of the payee is effective as the indorsement of the payee in favor of a person who, in good
faith, pays the instrument or takes it for value or for collection. (b) If (i) a person whose
intent determines to whom an instrument is payable (Section 7-3-110(a) or (b)) does not intend
the person identified as payee to have any interest in the instrument, or (ii) the person
identified as payee of an instrument is a fictitious person, the following rules apply until
the instrument is negotiated by special indorsement: (1) Any person in possession of the instrument
is its holder. (2) An indorsement by any person in the...
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7-3-405
Section 7-3-405 Employer's responsibility for fraudulent indorsement by employee. (a) This
section applies to fraudulent indorsements of instruments with respect to which an employer
has entrusted an employee with responsibility as part of the employee's duties. The following
definitions apply to this section: (1) "Employee" includes an independent contractor
and employee of an independent contractor retained by the employer. (2) "Fraudulent indorsement"
means (i) in the case of an instrument payable to the employer, a forged indorsement purporting
to be that of the employer, or (ii) in the case of an instrument with respect to which the
employer is the issuer, a forged indorsement purporting to be that of the person identified
as payee. (3) "Responsibility" with respect to instruments means authority (i) to
sign or indorse instruments on behalf of the employer, (ii) to process instruments received
by the employer for bookkeeping purposes, for deposit to an account, or for other...
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7-3-204
Section 7-3-204 Indorsement. (a) "Indorsement" means a signature, other than that
of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made
on an instrument for the purpose of (i) negotiating the instrument, (ii) restricting payment
of the instrument, or (iii) incurring indorser's liability on the instrument, but regardless
of the intent of the signer, a signature and its accompanying words is an indorsement unless
the accompanying words, terms of the instrument, place of the signature, or other circumstances
unambiguously indicate that the signature was made for a purpose other than indorsement. For
the purpose of determining whether a signature is made on an instrument, a paper affixed to
the instrument is a part of the instrument. (b) "Indorser" means a person who makes
an indorsement. (c) For the purpose of determining whether the transferee of an instrument
is a holder, an indorsement that transfers a security interest in the instrument is...
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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In this
article: (1) "Accession" means goods that are physically united with other goods
in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...

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15-13-152
Section 15-13-152 Qualification for property bail. The qualifications for property bail are
that each surety be a resident of the state, and an owner of real property therein, and that
any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions
presently against the property, the amount expressed in the appearance bond. Any proper approving
officer, in approving property bail, may allow more than one person to justify severally as
bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent
to the amount in the appearance bond. The worth shall not be determined by the assessed value
of the property but shall be calculated, determined, and evaluated in the manner set forth
in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead
exemption in the affidavit then they shall also execute the waiver of a homestead exemption
form as provided in part (B) below. The affidavit shall be...
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7-3-110
Section 7-3-110 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...
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7-3-206
Section 7-3-206 Restrictive indorsement. (a) An indorsement limiting payment to a particular
person or otherwise prohibiting further transfer or negotiation of the instrument is not effective
to prevent further transfer or negotiation of the instrument. (b) An indorsement stating a
condition to the right of the indorsee to receive payment does not affect the right of the
indorsee to enforce the instrument. A person paying the instrument or taking it for value
or collection may disregard the condition, and the rights and liabilities of that person are
not affected by whether the condition has been fulfilled. (c) If an instrument bears an indorsement
(i) described in Section 7-4-201(b), or (ii) in blank or to a particular bank using the words
"for deposit," "for collection," or other words indicating a purpose of
having the instrument collected by a bank for the indorser or for a particular account, the
following rules apply: (1) A person, other than a bank, who purchases the instrument...
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7-3-406
Section 7-3-406 Negligence contributing to forged signature or alteration of instrument. (a)
A person whose failure to exercise ordinary care substantially contributes to an alteration
of an instrument or to the making of a forged signature on an instrument is precluded from
asserting the alteration or the forgery against a person who, in good faith, pays the instrument
or takes it for value or for collection. (b) Under subsection (a), if the person asserting
the preclusion fails to exercise ordinary care in paying or taking the instrument and that
failure substantially contributes to loss, the loss is allocated between the person precluded
and the person asserting the preclusion according to the extent to which the failure of each
to exercise ordinary care contributed to the loss. (c) Under subsection (a), the burden of
proving failure to exercise ordinary care is on the person asserting the preclusion. Under
subsection (b), the burden of proving failure to exercise ordinary care is...
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7-8-107
Section 7-8-107 Whether indorsement, instruction, or entitlement order is effective. (a) "Appropriate
person" means: (1) with respect to an indorsement, the person specified by a security
certificate or by an effective special indorsement to be entitled to the security; (2) with
respect to an instruction, the registered owner of an uncertificated security; (3) with respect
to an entitlement order, the entitlement holder; (4) if the person designated in paragraph
(1), (2), or (3) is deceased, the designated person's successor taking under other law or
the designated person's personal representative acting for the estate of the decedent; or
(5) if the person designated in paragraph (1), (2), or (3) lacks capacity, the designated
person's guardian, conservator, or other similar representative who has power under other
law to transfer the security or financial asset. (b) An indorsement, instruction, or entitlement
order is effective if: (1) it is made by the appropriate person; (2) it is...
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19-1-5
Section 19-1-5 Check drawn by fiduciary payable to third person. If a check or other bill of
exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered
to draw such instrument in the name of his principal, the payee is not bound to inquire whether
the fiduciary is committing a breach of his obligation as fiduciary in drawing or delivering
the instrument, and is not chargeable with notice that the fiduciary is committing a breach
of his obligation as fiduciary unless he takes the instrument with actual knowledge of such
breach or with knowledge of such facts that his action in taking the instrument amounts to
bad faith. If, however, such instrument is payable to a personal creditor of the fiduciary
and delivered to the creditor in payment of or as security for a personal debt of the fiduciary
to the actual knowledge of the creditor, or is drawn and delivered in any transaction known
by the payee to be for the personal benefit of the fiduciary, the...
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