North Dakota Code 41-03-03 – (3-103) Definitions
1. In this chapter:
Terms Used In North Dakota Code 41-03-03
- Authorized: when used with reference to a financing statement record, means that the financing statement record was filed by a person authorized to do so as provided in sections 41-09-80 and 41-09-130. See North Dakota Code 41-10-01
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. “Acceptor” means a drawee that has accepted a draft.
b. “Drawee” means a person ordered in a draft to make payment.
c. “Drawer” means a person who signs or is identified in a draft as a person ordering payment.
d. Reserved.
e. “Maker” means a person who signs or is identified in a note as promisor of payment.
f. “Order” means a written instruction to pay money signed by the person giving the instruction. The instruction may be addressed to any person, including the person giving the instruction, or to one or more persons jointly or in the alternative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay.
g. “Ordinary care” in the case of a person engaged in business means observance of reasonable commercial standards prevailing in the area in which that person is located with respect to the business in which that person is engaged. In the case of a bank that takes an instrument for processing for collection or payment by automated means, reasonable commercial standards do not require the bank to examine the instrument if the failure to examine does not violate the bank’s prescribed procedures and the bank’s procedures do not vary unreasonably from general banking usage not disapproved by this chapter or chapter 41-04.
h. “Party” means a party to an instrument.
i. “Promise” means a written undertaking to pay money signed by the person undertaking to pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation.
j. “Prove” with respect to a fact means to meet the burden of establishing the fact (subdivision h of subsection 2 of section 41-01-09).
k. “Remitter” means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser.
2. Other definitions applying to this chapter and the sections in which they appear are:
a. “Acceptance”. Section 41-03-46.
b. “Accommodated party”. Section 41-03-56. c. “Accommodation party”. Section 41-03-56. d. “Alteration”. Section 41-03-44.
e. “Anomalous endorsement”. Section 41-03-24. f. “Blank endorsement”. Section 41-03-24.
g. “Cashier’s check”. Section 41-03-04.
h. “Certificate of deposit”. Section 41-03-04.
i. “Certified check”. Section 41-03-46. j. “Check”. Section 41-03-04.
k. “Consideration”. Section 41-03-29. l. “Demand draft”. Section 41-03-04.
m. “Draft”. Section 41-03-04.
n. “Endorsement”. Section 41-03-23. o. “Endorser”. Section 41-03-23.
p. “Fiduciary”. Section 41-03-33.
q. “Holder in due course”. Section 41-03-28.
r. “Incomplete instrument”. Section 41-03-15. s. “Instrument”. Section 41-03-04.
t. “Issue”. Section 41-03-05. u. “Issuer”. Section 41-03-05.
v. “Negotiable instrument”. Section 41-03-04. w. “Negotiation”. Section 41-03-20.
x. “Note”. Section 41-03-04.
y. “Payable at a definite time”. Section 41-03-08. z. “Payable on demand”. Section 41-03-08.
aa. “Payable to bearer”. Section 41-03-09.
bb. “Payable to order”. Section 41-03-09. cc. “Payment”. Section 41-03-64.
dd. “Person entitled to enforce”. Section 41-03-27. ee. “Presentment”. Section 41-03-58.
ff. “Reacquisition”. Section 41-03-26.
gg. “Represented person”. Section 41-03-33. hh. “Special endorsement”. Section 41-03-24.
ii. “Teller’s check”. Section 41-03-04.
jj. “Transfer of instrument”. Section 41-03-22. kk. “Traveler’s check”. Section 41-03-04.
ll. “Value”. Section 41-03-29.
3. The following definitions in other chapters apply to this chapter:
a. “Bank”. Section 41-04-05.
b. “Banking day”. Section 41-04-04.
c. “Clearinghouse”. Section 41-04-04. d. “Collecting bank”. Section 41-04-05. e. “Customer”. Section 41-04-04.
f. “Depositary bank”. Section 41-04-05.
g. “Documentary draft”. Section 41-04-04. h. “Intermediary bank”. Section 41-04-05. i. “Item”. Section 41-04-04.
j. “Payor bank”. Section 41-04-05.
k. “Suspends payments”. Section 41-04-04.
4. In addition, chapter 41-01 contains general definitions and principles of construction and interpretation applicable throughout this chapter.