Title 11, Chapter 3, Section 204
( 11-3-204)
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 effective as an unqualified
indorsement of the instrument. (d) If an instrument is payable to a holder under a name that is not
the name of the holder, indorsement may be made by the holder in the
name stated in the instrument or in the holder's name or both, but
signature in both names may be required by a person paying or taking
the instrument for value or collection. |