Section 3–110. Payable to Order.

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Terms Used In N.Y. Uniform Commercial Code 3-110

  • Instrument: means a negotiable instrument. See N.Y. Uniform Commercial Code 3-102
  • order: is a direction to pay and must be more than an

    authorization or request. See N.Y. Uniform Commercial Code 3-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

(1) An instrument is payable to order when by its terms it is payable to the order or assigns of any person therein specified with reasonable certainty, or to him or his order, or when it is conspicuously designated on its face as "exchange" or the like and names a payee. It may be payable to the order of

(a) the maker or drawer; or

(b) the drawee; or

(c) a payee who is not maker, drawer or drawee; or

(d) two or more payees together or in the alternative; or

(e) an estate, trust or fund, in which case it is payable to the

order of the representative of such estate, trust or fund or

his successors; or

(f) an office, or an officer by his title as such in which case

it is payable to the principal but the incumbent of the

office or his successors may act as if he or they were the

holder; or

(g) a partnership or unincorporated association, in which case it

is payable to the partnership or association and may be

indorsed or transferred by any person thereto authorized.

(2) An instrument not payable to order is not made so payable by such words as "payable upon return of this instrument properly indorsed."

(3) An instrument made payable both to order and to bearer is payable to order unless the bearer words are handwritten or typewritten.