Okla. Stat. tit. 12A, § 12A-3-104
This is the official text of Okla. Stat. tit. 12A, § 12A-3-104, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Negotiable Instrument
Official statutory text
NEGOTIABLE INSTRUMENT
(a) Except as provided in subsections (c) and (d) of this
section, "negotiable instrument" means an unconditional promise or
order to pay a fixed amount of money, with or without interest or
other charges described in the promise or order, if it:
(1) is payable to bearer or to order at the time it is
issued or first comes into possession of a holder;
(2) is payable on demand or at a definite time; and
(3) does not state any other undertaking or instruction by
the person promising or ordering payment to do any act
in addition to the payment of money, but the promise
or order may contain (i) an undertaking or power to
give, maintain, or protect collateral to secure
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 283
payment, (ii) an authorization or power to the holder
to confess judgment or realize on or dispose of
collateral, (iii) a waiver of the benefit of any law
intended for the advantage or protection of an
obligor, (iv) a term that specifies the law that
governs the promise or order, or (v) an undertaking to
resolve in a specified forum a dispute concerning the
promise or order.
(b) "Instrument" means a negotiable instrument.
(c) An order that meets all of the requirements of subsection
(a) of this section, except paragraph (1), and otherwise falls
within the definition of "check" in subsection (f) of this section
is a negotiable instrument and a check.
(d) A promise or order other than a check is not an instrument
if, at the time it is issued or first comes into possession of a
holder, it contains a conspicuous statement, however expressed, to
the effect that the promise or order is not negotiable or is not an
instrument governed by this article.
(e) An instrument is a "note" if it is a promise and is a
"draft" if it is an order. If an instrument falls within the
definition of both "note" and "draft", a person entitled to enforce
the instrument may treat it as either.
(f) "Check" means (i) a draft, other than a documentary draft,
payable on demand and drawn on a bank or (ii) a cashier's check or
teller's check. An instrument may be a check even though it is
described on its face by another term, such as "money order".
(g) "Cashier's check" means a draft with respect to which the
drawer and drawee are the same bank or branches of the same bank.
(h) "Teller's check" means a draft drawn by a bank (i) on
another bank, or (ii) payable at or through a bank.
(i) "Traveler's check" means an instrument that (i) is payable
on demand, (ii) is drawn on or payable at or through a bank, (iii)
is designated by the term "traveler's check" or by a substantially
similar term, and (iv) requires, as a condition to payment, a
countersignature by a person whose specimen signature appears on the
instrument.
(j) "Certificate of deposit" means an instrument containing an
acknowledgment by a bank that a sum of money has been received by
the bank and a promise by the bank to repay the sum of money. A
certificate of deposit is a note of the bank.
(a) Except as provided in subsections (c) and (d) of this
section, "negotiable instrument" means an unconditional promise or
order to pay a fixed amount of money, with or without interest or
other charges described in the promise or order, if it:
(1) is payable to bearer or to order at the time it is
issued or first comes into possession of a holder;
(2) is payable on demand or at a definite time; and
(3) does not state any other undertaking or instruction by
the person promising or ordering payment to do any act
in addition to the payment of money, but the promise
or order may contain (i) an undertaking or power to
give, maintain, or protect collateral to secure
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 283
payment, (ii) an authorization or power to the holder
to confess judgment or realize on or dispose of
collateral, (iii) a waiver of the benefit of any law
intended for the advantage or protection of an
obligor, (iv) a term that specifies the law that
governs the promise or order, or (v) an undertaking to
resolve in a specified forum a dispute concerning the
promise or order.
(b) "Instrument" means a negotiable instrument.
(c) An order that meets all of the requirements of subsection
(a) of this section, except paragraph (1), and otherwise falls
within the definition of "check" in subsection (f) of this section
is a negotiable instrument and a check.
(d) A promise or order other than a check is not an instrument
if, at the time it is issued or first comes into possession of a
holder, it contains a conspicuous statement, however expressed, to
the effect that the promise or order is not negotiable or is not an
instrument governed by this article.
(e) An instrument is a "note" if it is a promise and is a
"draft" if it is an order. If an instrument falls within the
definition of both "note" and "draft", a person entitled to enforce
the instrument may treat it as either.
(f) "Check" means (i) a draft, other than a documentary draft,
payable on demand and drawn on a bank or (ii) a cashier's check or
teller's check. An instrument may be a check even though it is
described on its face by another term, such as "money order".
(g) "Cashier's check" means a draft with respect to which the
drawer and drawee are the same bank or branches of the same bank.
(h) "Teller's check" means a draft drawn by a bank (i) on
another bank, or (ii) payable at or through a bank.
(i) "Traveler's check" means an instrument that (i) is payable
on demand, (ii) is drawn on or payable at or through a bank, (iii)
is designated by the term "traveler's check" or by a substantially
similar term, and (iv) requires, as a condition to payment, a
countersignature by a person whose specimen signature appears on the
instrument.
(j) "Certificate of deposit" means an instrument containing an
acknowledgment by a bank that a sum of money has been received by
the bank and a promise by the bank to repay the sum of money. A
certificate of deposit is a note of the bank.
Status: in_force · Read it on the official government site
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