§ 4-3-110 — Identification of person to whom instrument is payable

Colorado § 4-3-110

• Jurisdiction: Colorado
• Title 04: Uniform
• Art.: Negotiable Instruments

Text

(a) The
person to whom an 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 issuer
of the instrument. The instrument is payable to the person intended by the signer
even if that person is identified in the instrument by a name or other identification
that is not that of the intended person. If more than one person signs in the name or
behalf of the issuer of an instrument and all the signers do not intend the same
person as payee, the instrument is payable to any person intended by one or more
of the signers.

(b) If the signature of the issuer of an instrument is made by automated
means, such as a check-writing machine, the payee of the instrument is determined
by the intent of the person who supplied the name or identification of the payee,
whether or not authorized to do so.

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

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

(2) If an instrument is payable to:

(i) A trust, an estate, or a person described as trustee or representative of a
trust or estate, the instrument is payable to the trustee, the representative, or a
successor of either, whether or not the beneficiary or estate is also named;

(ii) A person described as agent or similar representative of a named or
identified person, the instrument is payable to the represented person, the
representative, or a successor of the representative;

(iii) A fund or organization that is not a legal entity, the instrument is payable
to a representative of the members of the fund or organization; 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, or a successor to the
incumbent.

(d) If an instrument is payable to two or more persons alternatively, it is
payable to any of them and may be negotiated, discharged, or enforced by any or
all of them in possession of the instrument. If an instrument is payable to two or
more persons not alternatively, 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 more
persons is ambiguous as to whether it is payable to the persons alternatively, the
instrument is payable to the persons alternatively.

Legislative History

Source: L. 94: Entire article R&RE, p. 845, � 1, effective January 1, 1995.