Title 11, Chapter 3, Section 110
( 11-3-110)
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 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. (2) 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. |