§ 25-3-110. Identification of person to whom instrument is payable. - North Carolina Statutes

§ 25‑3‑110. Identification of person to whom instrument is payable.

(a)        The person to whoman 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 issuerof the instrument. The instrument is payable to the person intended by thesigner even if that person is identified in the instrument by a name or otheridentification that is not that of the intended person. If more than one personsigns in the name or behalf of the issuer of an instrument and all the signersdo not intend the same person as payee, the instrument is payable to any personintended by one or more of the signers.

(b)        If the signature ofthe issuer of an instrument is made by automated means, such as a check‑writingmachine, the payee of the instrument is determined by the intent of the personwho supplied the name or identification of the payee, whether or not authorizedto do so.

(c)        A person to whom aninstrument is payable may be identified in any way, including by name,identifying number, office, or account number. For the purpose of determiningthe holder of an instrument, the following rules apply:

(1)        If an instrument ispayable to an account and the account is identified only by number, the instrumentis payable to the person to whom the account is payable. If an instrument ispayable to an account identified by number and by the name of a person, theinstrument is payable to the named person, whether or not that person is theowner of the account identified by number.

(2)        If an instrument ispayable to (i) a trust, an estate, or a person described as trustee orrepresentative of a trust or estate, the instrument is payable to the trustee,the representative, or a successor of either, whether or not the beneficiary orestate is also named, (ii) a person described as agent or similarrepresentative of a named or identified person, the instrument is payable tothe represented person, the representative, or a successor of therepresentative, (iii) a fund or organization that is not a legal entity, theinstrument is payable to a representative of the members of the fund ororganization, 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, ora successor to the incumbent.

(d)        If an instrument ispayable to two or more persons alternatively, it is payable to any of them andmay be negotiated, discharged, or enforced by any or all of them in possessionof the instrument. If an instrument is payable to two or more persons notalternatively, 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 morepersons is ambiguous as to whether it is payable to the persons alternatively,the instrument is payable to the persons alternatively. (1899,c. 733, ss. 8, 41, 42; Rev., ss. 2158, 2190, 2191; C.S., ss. 2989, 3022, 3023;1965, c. 700, s. 1; 1995, c. 232, s. 1.)