2021 Oregon Revised Statutes
Chapter 073 - Negotiable Instruments
Section 73.0103 - Definitions.


(a) "Acceptor" means a drawee who has accepted a draft.
(b) "Drawee" means a person ordered in a draft to make payment.
(c) "Drawer" means a person who signs or is identified in a draft as a person ordering payment.
(d) "Maker" means a person who signs or is identified in a note as a person undertaking to pay.
(e) "Order" means a written instruction to pay money signed by the person giving the instruction. The instruction may be addressed to any person, including the person giving the instruction, or to one or more persons jointly or in the alternative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay.
(f) "Ordinary care" in the case of a person engaged in business means observance of reasonable commercial standards, prevailing in the area in which the person is located, with respect to the business in which the person is engaged. In the case of a bank that takes an instrument for processing for collection or payment by automated means, reasonable commercial standards do not require the bank to examine the instrument if the failure to examine does not violate the bank’s prescribed procedures and the bank’s procedures do not vary unreasonably from general banking usage not disapproved under this chapter or ORS chapter 74.
(g) "Party" means a party to an instrument.
(h) "Promise" means a written undertaking to pay money signed by the person undertaking to pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation.
(i) "Prove" with respect to a fact means to meet the burden of establishing the fact as defined in ORS 71.2010 (2)(h).
(j) "Remitter" means a person who purchases an instrument from the issuer if the instrument is payable to an identified person other than the purchaser.
(2) Other definitions applying to this chapter and the sections in which they appear are:
"Acceptance" ORS 73.0409
"Accommodated party" ORS 73.0419
"Accommodation party" ORS 73.0419
"Alteration" ORS 73.0407
"Anomalous indorsement" ORS 73.0205
"Blank indorsement" ORS 73.0205
"Cashier’s check" ORS 73.0104
"Certificate of deposit" ORS 73.0104
"Certified check" ORS 73.0409
"Check" ORS 73.0104
"Consideration" ORS 73.0303
"Demand draft" ORS 73.0104
"Draft" ORS 73.0104
"Holder in due course" ORS 73.0302
"Incomplete instrument" ORS 73.0115
"Indorsement" ORS 73.0204
"Indorser" ORS 73.0204
"Instrument" ORS 73.0104
"Issue" ORS 73.0105
"Issuer" ORS 73.0105
"Negotiable instrument" ORS 73.0104
"Negotiation" ORS 73.0201
"Note" ORS 73.0104
"Payable at a definite time" ORS 73.0108
"Payable on demand" ORS 73.0108
"Payable to bearer" ORS 73.0109
"Payable to order" ORS 73.0109
"Payment" ORS 73.0602
"Person entitled to enforce" ORS 73.0301
"Presentment" ORS 73.0501
"Reacquisition" ORS 73.0207
"Special indorsement" ORS 73.0205
"Teller’s check" ORS 73.0104
"Transfer of instrument" ORS 73.0203
"Traveler’s check" ORS 73.0104
"Value" ORS 73.0303
(3) The following definitions in ORS chapter 74 apply to this chapter:
"Bank" ORS 74.1050
"Banking day" ORS 74.1040
"Clearing house" ORS 74.1040
"Collecting bank" ORS 74.1050
"Depositary bank" ORS 74.1050
"Documentary draft" ORS 74.1040
"Intermediary bank" ORS 74.1050
"Item" ORS 74.1040
"Payor bank" ORS 74.1050
"Suspends payments" ORS 74.1040
(4) In addition, ORS chapter 71 contains general definitions and principles of construction and interpretation applicable throughout this chapter. [1993 c.545 §6; 1997 c.822 §1; 2009 c.181 §44]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 02 - Business Organizations, Commercial Code

Chapter 073 - Negotiable Instruments

Section 73.0102 - Application of chapter.

Section 73.0103 - Definitions.

Section 73.0104 - Negotiable instrument; other definitions.

Section 73.0105 - Issue of instrument.

Section 73.0106 - Unconditional promise or order.

Section 73.0108 - Payable on demand or at definite time.

Section 73.0109 - Payable to bearer or to order.

Section 73.0110 - Identification of person to whom instrument is payable.

Section 73.0112 - Interest.

Section 73.0113 - Date of instrument.

Section 73.0115 - Incomplete instrument.

Section 73.0116 - Joint and several liability; contribution.

Section 73.0118 - Statute of limitations.

Section 73.0201 - Negotiation.

Section 73.0202 - Negotiation subject to rescission.

Section 73.0203 - Transfer of instrument; rights acquired by transfer.

Section 73.0204 - Indorsement.

Section 73.0205 - Special indorsement; blank indorsement; anomalous indorsement.

Section 73.0206 - Restrictive indorsement.

Section 73.0302 - Holder in due course.

Section 73.0303 - Value and consideration.

Section 73.0304 - Overdue instrument.

Section 73.0305 - Defenses and claims in recoupment.

Section 73.0307 - Notice of breach of fiduciary duty.

Section 73.0308 - Proof of signatures and status as holder in due course.

Section 73.0309 - Enforcement of lost, destroyed or stolen instrument.

Section 73.0310 - Effect of instrument on obligation for which taken.

Section 73.0312 - Lost, destroyed or stolen cashier’s check, teller’s check or certified check.

Section 73.0401 - Signature.

Section 73.0402 - Signature by representative.

Section 73.0403 - Unauthorized signature.

Section 73.0404 - Impostors; fictitious payees.

Section 73.0405 - Employer’s responsibility for fraudulent indorsement by employee.

Section 73.0406 - Negligence contributing to forged signature or alteration of instrument.

Section 73.0407 - Alteration.

Section 73.0409 - Acceptance of draft; certified check.

Section 73.0410 - Acceptance varying draft.

Section 73.0411 - Refusal to pay cashier’s checks, teller’s checks and certified checks.

Section 73.0413 - Obligation of acceptor.

Section 73.0414 - Obligation of drawer.

Section 73.0415 - Obligation of indorser.

Section 73.0416 - Transfer warranties.

Section 73.0417 - Presentment warranties.

Section 73.0418 - Payment or acceptance by mistake.

Section 73.0419 - Instruments signed for accommodation.

Section 73.0420 - Conversion of instrument.

Section 73.0501 - Presentment.

Section 73.0502 - Dishonor.

Section 73.0503 - Notice of dishonor.

Section 73.0504 - Excused presentment and notice of dishonor.

Section 73.0505 - Evidence of dishonor.

Section 73.0601 - Discharge and effect of discharge.

Section 73.0602 - Payment.

Section 73.0603 - Tender of payment.

Section 73.0604 - Discharge by cancellation or renunciation.

Section 73.0605 - Discharge of indorsers and accommodation parties.