Find Laws Find Lawyers Free Legal Forms USA State Laws

MINNESOTA STATUTES AND CODES

Section 336.3-104 Negotiable Instrument

336.3-104 MS 1990 [Repealed, 1992 c 565 s 114]

336.3-104 NEGOTIABLE INSTRUMENT.

(a) Except as provided in subsections (c) and (d), "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 payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor.

(b) "Instrument" means a negotiable instrument.

(c) An order that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of "check" in subsection (f) 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.

History:

1992 c 565 s 6

Minnesota Forms by Issue

Minnesota Administration/Filing Fees Forms
Minnesota Adoption Forms
Minnesota Bankruptcy Forms
Minnesota Business Forms
Minnesota Child Support Agency Forms
Minnesota Court Forms
> Criminal
> DUI
> Probate
> Traffic
> Civil (District)
> Domestic Violence
> Enforcement of Judgement
> Forfeiture
> Service of Process
> Small Claims
> Subpoena
Minnesota Divorce Forms
Minnesota Expungement Forms
Minnesota Family Forms
Minnesota Guardianship Forms
Minnesota Landlord/Tenant Forms
Minnesota Name Change Forms
Minnesota Parental Notification Forms
Minnesota Spousal Support Forms
Minnesota Tax Forms

Minnesota Law

Minnesota State Laws
    > Minnesota Child Support
    > Minnesota Child Support Online
    > Minnesota Gun Law
    > Minnesota State Tax
    > Minnesota Statute
Minnesota Tax
    > Minnesota State Tax
Minnesota Labor Laws
    > Minnesota Unemployment Benefits
Minnesota Court
    > Minnesota Court Records
    > Near v. Minnesota
Minnesota Agencies
    > Miinnesota Department of Health
    > Minnesota Department of Corrections
    > Minnesota Department of Education
    > Minnesota Department of Revenue
    > Minnesota Department of Transportation
    > Minnesota DMV
    > Minnesota Secretary of State

Minnesota Court Map

Tips