§ 34.1-3-104 — Negotiable instrument

Wyoming § 34.1-3-104

• Jurisdiction: Wyoming
• Title 34.1: Uniform Commercial Code
• Art. 3: NEGOTIABLE INSTRUMENTS

Text

(a) Except as provided in subsections (c) and (d),
"negotiable instrument" means an unconditional promise or order
to pay a fixed amount of money, with or without interest or
other charges described in the promise or order, if it:
(i) Is payable to bearer or to order at the time it
is issued or first comes into possession of a holder;
(ii) Is payable on demand or at a definite time; and
(iii) Does not state any other undertaking or
instruction by the person promising or ordering payment to do
any act in addition to the payment of money, but the promise or
order may contain (1) an undertaking or power to give, maintain,
or protect collateral to secure payment, (2) an authorization or
power to the holder to confess judgment or realize on or dispose
of collateral, or (3) a waiver of the benefit of any law
intended for the advantage or protection of an obligor.
(b) "Instrument" means a negotiable instrument.
(c) An order that meets all of the requirements of
subsection (a), except paragraph (a)(i), and otherwise falls
within the definition of "check" in subsection (f) is a
negotiable instrument and a check.
(d) A promise or order other than a check is not an
instrument if, at the time it is issued or first comes into
possession of a holder, it contains a conspicuous statement,
however expressed, to the effect that the promise or order is
not negotiable or is not an instrument governed by this article.
(e) An instrument is a "note" if it is a promise and is a
"draft" if it is an order. If an instrument falls within the
definition of both "note" and "draft," a person entitled to
enforce the instrument may treat it as either.
(f) "Check" means (1) a draft, other than a documentary
draft, payable on demand and drawn on a bank or (2) a cashier's
check or teller's check. An instrument may be a check even
though it is described on its face by another term, such as
"money order."
(g) "Cashier's check" means a draft with respect to which
the drawer and drawee are the same bank or branches of the same
bank.
(h) "Teller's check" means a draft drawn by a bank (1) on
another bank, or (2) payable at or through a bank.
(j) "Traveler's check" means an instrument that (1) is
payable on demand, (2) is drawn on or payable at or through a
bank, (3) is designated by the term "traveler's check" or by a
substantially similar term, and (4) requires, as a condition to
payment, a countersignature by a person whose specimen signature
appears on the instrument.
(k) "Certificate of deposit" means an instrument
containing an acknowledgment by a bank that a sum of money has
been received by the bank and a promise by the bank to repay the
sum of money. A certificate of deposit is a note of the bank.