Utah Code 70A-3-115. Incomplete instrument
Current as of: 2024 | Check for updates
|
Other versions
(1) “Incomplete instrument” means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete but that the signer intended it to be completed by the addition of words or numbers.
Terms Used In Utah Code 70A-3-115
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2) Subject to Subsection(3) , if an incomplete instrument is an instrument under Section70A-3-104 , it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under Section70A-3-104 , but, after completion, the requirements of Section70A-3-104 are met, the instrument may be enforced according to its terms as augmented by completion.(3) If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under Section70A-3-407 .(4) The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority. - Writing: includes :