§ 21-1703 — Transfer of negotiable instruments by fiduciary.

District of Columbia § 21-1703

• Jurisdiction: District of Columbia
• Title 21: Fiduciary Relations and Persons with Mental Illness. [Enacted title]
• Ch. 17: General Fiduciary Relations.
• Subch. I: Uniform Fiduciaries Act.

Text

If a negotiable instrument payable or indorsed to a fiduciary as such is indorsed by the fiduciary, or if a negotiable instrument payable or indorsed to his principal is indorsed by a fiduciary empowered to indorse the instrument on behalf of his principal, the indorsee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in indorsing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of the breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, the 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 a 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 his obligation as fiduciary in transferring the instrument.

Legislative History

Sept. 14, 1965, 79 Stat. 776, Pub. L. 89-183, § 1