Utah § 75A-1-208 Checks drawn in name of a principal.

Utah Statutes

§ 75A-1-208 — Checks drawn in name of a principal.

Utah § 75A-1-208

Title 75AFiduciaries

Part 75A-1-2Payments and Deposits by Fiduciaries

This text of Utah § 75A-1-208 (Checks drawn in name of a principal.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 75A-1-208 (2026).

Text

(1)If a fiduciary draws a check upon the account of the fiduciary's principal in a bank that is authorized to draw checks upon the principal's account and the bank is authorized to pay the check, the bank is not liable to the principal unless:

(1)(a) the bank pays the check with actual knowledge that the fiduciary is committing a breach of the fiduciary's obligation in drawing the check; or

(1)(b) the bank knows that paying the check amounts to bad faith.

(2)Notwithstanding Subsection (1), the bank is liable to a principal if:

(2)(a) the principal's fiduciary deposits a check in the name of the principal as payment to the bank for payment of, or as security for, a personal debt of the fiduciary; and

(2)(b) the fiduciary commits a breach of the fiduciary's obligation in drawing or deliver

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(1) If a fiduciary draws a check upon the account of the fiduciary's principal in a bank that is authorized to draw checks upon the principal's account and the bank is authorized to pay the check, the bank is not liable to the principal unless:
(1)(a) the bank pays the check with actual knowledge that the fiduciary is committing a breach of the fiduciary's obligation in drawing the check; or
(1)(b) the bank knows that paying the check amounts to bad faith.
(2) Notwithstanding Subsection (1), the bank is liable to a principal if:
(2)(a) the principal's fiduciary deposits a check in the name of the principal as payment to the bank for payment of, or as security for, a personal debt of the fiduciary; and
(2)(b) the fiduciary commits a breach of the fiduciary's obligation in drawing or delivering the check to the bank.