Utah Code 22-1-4. Transfer of negotiable instruments by fiduciaries
Terms Used In Utah Code 22-1-4
- Fiduciary: A trustee, executor, or administrator.
- 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.
If any negotiable instrument payable or indorsed to a fiduciary as such is endorsed by the fiduciary, or if any negotiable instrument payable or endorsed to the fiduciary’s principal is endorsed by a fiduciary empowered to endorse such instrument on behalf of the principal, the indorsee is not bound to inquire whether the fiduciary is committing a breach of the fiduciary’s obligation as fiduciary in endorsing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of the fiduciary’s obligation as fiduciary, unless the fiduciary takes the instrument with actual knowledge of such breach or with knowledge of such facts that the fiduciary’s action in taking the instrument amounts to bad faith. If, however, such instrument is transferred by the fiduciary in payment of, or as security for, a personal debt of the fiduciary to the actual knowledge of the creditor, or is transferred in any transaction known by the transferee to be for the personal benefit of the fiduciary, the creditor or other transferee is liable to the principal, if the fiduciary in fact commits a breach of the fiduciary’s obligation as fiduciary in transferring the instrument.