§ 41-03-05 — (3-105) Issue of instrument

1. "Issue" means:
a. The first delivery of an instrument by the maker or drawer, whether to a holder or
nonholder, for the purpose of giving rights on the instrument to any person; or
b. If agreed by the payee, the first transmission by the drawer to the payee of an
image of an item and information derived from the item which enables the
depositary bank to collect the item by transferring or presenting under federal law
an electronic check.
2. An unissued instrument or an unissued incomplete instrument (section 41-03-15) that
is completed is binding on the maker or drawer, but nonissuance is a defense. An
instrument that is conditionally issued or is issued for a special purpose is binding on
the maker or drawer, but failure of the condition or special purpose to be fulfilled is a
defense.
3. "Issuer" applies to issued and unissued instruments and means any person that signs
an instrument as maker or drawer.