If the purchaser of a
negotiable instrument is a holder in due course, the purchaser may not be subject to many of the defenses available to creditors under Article 9 of the UCC.
A construction of the code that recognizes commercial certainty can be accomplished by reference to some authority outside the writing itself also serves the purpose of the law of
negotiable instruments, which is to make the instrument the functional equivalent of money.
Reification turns
negotiable instruments into liquid assets by enabling some level of freedom from claims and defenses for all holders (not just those in due course), and it encourages borrowing by eliminating the risk of multiple satisfactions.
When a transfer of a
negotiable instrument is made to someone who qualifies as a holder in due course, all personal defenses against the holder in due course are stopped.
(25) A new provision within section 3-307 of the revised UCC consolidated these various sections and clarified that a taker's notice of a fiduciary's breach of duty, concerning the fiduciary's transfer of a
negotiable instrument to the taker, vitiates the defendant-taker's status as a holder in due course.
First, there was a direct physical loss of a check or
negotiable instrument due to theft by deception.
is the only software solution provider for transferable electronic
negotiable instruments, securities and source records which enable enterprises to execute secure, online business transactions in which legally enforceable electronic documents completely replace paper as the essential high value assets or source records.
The Eighth Circuit disagreed and held that the doctrine of constructive receipt as developed in the Code takes precedence over the law of
negotiable instruments. The company that issued the check was not insolvent and did not place any substantial restrictions on the check.
While the
Negotiable Instruments Law constitutes a comprehensive financial statute,(13) it is perhaps more significant for what it does not address than for what it does.
The company's licensed business includes Discounting/Purchasing of
Negotiable Instruments, Securities, Participation Term Certificates, Term Finance Certificates and Investment Certificates issued by DFI's and banks and bills receivable for services rendered.
Outsider fraud now accounts for more than 60 percent of all fraud against financial institutions.(1) The most prevalent problem in the industry, by far, centers on check fraud, but also involves other counterfeit
negotiable instruments, such as traveler's checks, credit cards, certified bank checks, money orders, and currency.
The most problematic aspect of the Freddie Mac insurance requirements is the new stipulation that policies provide coverage for notes as "
negotiable instruments." Freddie Mac will now explicitly require that all notes be insured under both a financial institution bond and an errors and omissions policy as "
negotiable instruments" to assure that notes are covered with respect to the value of the underlying obligation in the event of a total loss.
