47-3308. Proof of signatures and status as holder in due course
A. In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under section 47-3402, subsection A.
B. If the validity of signatures is admitted or proved and there is compliance with subsection A of this section, a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under section 47-3301, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim.
Structure Arizona Revised Statutes
Title 47 - Uniform Commercial Code
§ 47-1104 - Construction against implied repeal
§ 47-1106 - Use of singular and plural; gender
§ 47-1108 - Relation to electronic signatures in global and national commerce act
§ 47-1201 - General definitions
§ 47-1203 - Lease distinguished from security interest
§ 47-1205 - Reasonable time; "seasonably"
§ 47-1301 - Territorial applicability; parties' power to choose applicable law
§ 47-1302 - Variation by agreement
§ 47-1303 - Course of performance; course of dealing and usage of trade
§ 47-1304 - Obligation of good faith
§ 47-1305 - Remedies to be liberally administered
§ 47-1306 - Waiver or renunciation of claim or right after breach
§ 47-1307 - Prima facie evidence by third party documents
§ 47-1308 - Performance or acceptance under reservation of rights
§ 47-1309 - Option to accelerate at will
§ 47-1310 - Subordinated obligation
§ 47-2102 - Scope; certain security and other transactions excluded from this chapter
§ 47-2103 - Definitions and index of definitions
§ 47-2104 - Definitions: "merchant"; "between merchants"; "financing agency"
§ 47-2105 - Definitions: transferability; "goods"; "future" goods; "lot"; "commercial unit"
§ 47-2107 - Goods to be severed from realty; recording
§ 47-2201 - Formal requirements; statute of frauds
§ 47-2202 - Final written expression: parol or extrinsic evidence
§ 47-2204 - Formation in general
§ 47-2206 - Offer and acceptance in formation of contract
§ 47-2207 - Additional terms in acceptance or confirmation
§ 47-2209 - Modification, rescission and waiver
§ 47-2210 - Delegation of performance; assignment of rights
§ 47-2301 - General obligations of parties
§ 47-2302 - Unconscionable contract or clause
§ 47-2303 - Allocation or division of risks
§ 47-2304 - Price payable in money, goods, realty, or otherwise
§ 47-2306 - Output, requirements and exclusive dealings
§ 47-2307 - Delivery in single lot or several lots
§ 47-2308 - Absence of specified place for delivery
§ 47-2309 - Absence of specific time provisions; notice of termination
§ 47-2310 - Open time for payment or running of credit; authority to ship under reservation
§ 47-2311 - Options and cooperation respecting performance
§ 47-2312 - Warranty of title and against infringement; buyer's obligation against infringement
§ 47-2313 - Express warranties by affirmation, promise, description, sample
§ 47-2314 - Implied warranty: merchantability; usage of trade
§ 47-2315 - Implied warranty: fitness for particular purpose
§ 47-2316 - Exclusion or modification of warranties
§ 47-2317 - Cumulation and conflict of warranties express or implied
§ 47-2318 - Third party beneficiaries of warranties express or implied
§ 47-2319 - F.O.B. and F.A.S. terms
§ 47-2320 - C.I.F. and C. & F. terms
§ 47-2322 - Delivery "ex-ship"
§ 47-2323 - Form of bill of lading required in overseas shipment; "overseas"
§ 47-2324 - "No arrival, no sale" term
§ 47-2325 - "Letter of credit" term; "confirmed credit"
§ 47-2326 - Sale on approval and sale or return; rights of creditors
§ 47-2327 - Special incidents of sale on approval and sale or return
§ 47-2401 - Passing of title; reservation for security; limited application of this section
§ 47-2402 - Rights of seller's creditors against sold goods
§ 47-2403 - Power to transfer; good faith purchase of goods; "entrusting"
§ 47-2501 - Insurable interest in goods; manner of identification of goods
§ 47-2502 - Buyer's right to goods on seller's insolvency
§ 47-2503 - Manner of seller's tender of delivery
§ 47-2504 - Shipment by seller
§ 47-2505 - Seller's shipment under reservation
§ 47-2506 - Rights of financing agency
§ 47-2507 - Effect of seller's tender; delivery on condition
§ 47-2508 - Cure by seller of improper tender or delivery; replacement
§ 47-2509 - Risk of loss in the absence of breach
§ 47-2510 - Effect of breach on risk of loss
§ 47-2511 - Tender of payment by buyer; payment by check
§ 47-2512 - Payment by buyer before inspection
§ 47-2513 - Buyer's right to inspection of goods
§ 47-2514 - When documents deliverable on acceptance; when on payment
§ 47-2515 - Preserving evidence of goods in dispute
§ 47-2601 - Buyer's rights on improper delivery
§ 47-2602 - Manner and effect of rightful rejection
§ 47-2603 - Merchant buyer's duties as to rightfully rejected goods
§ 47-2604 - Buyer's options as to salvage of rightfully rejected goods
§ 47-2605 - Waiver of buyer's objections by failure to particularize
§ 47-2606 - What constitutes acceptance of goods
§ 47-2608 - Revocation of acceptance in whole or in part
§ 47-2609 - Right to adequate assurance of performance
§ 47-2610 - Anticipatory repudiation
§ 47-2611 - Retraction of anticipatory repudiation
§ 47-2612 - "Installment contract"; breach
§ 47-2613 - Casualty to identified goods
§ 47-2614 - Substituted performance
§ 47-2615 - Excuse by failure of presupposed conditions
§ 47-2616 - Procedure on notice claiming excuse
§ 47-2701 - Remedies for breach of collateral contracts not impaired
§ 47-2702 - Seller's remedies on discovery of buyer's insolvency
§ 47-2703 - Seller's remedies in general
§ 47-2705 - Seller's stoppage of delivery in transit or otherwise
§ 47-2706 - Seller's resale including contract for resale
§ 47-2707 - "Person in the position of a seller"
§ 47-2708 - Seller's damages for non-acceptance or repudiation
§ 47-2709 - Action for the price
§ 47-2710 - Seller's incidental damages
§ 47-2711 - Buyer's remedies in general; buyer's security interest in rejected goods
§ 47-2712 - "Cover"; buyer's procurement of substitute goods
§ 47-2713 - Buyer's damages for non-delivery or repudiation
§ 47-2714 - Buyer's damages for breach in regard to accepted goods
§ 47-2715 - Buyer's incidental and consequential damages
§ 47-2716 - Buyer's right to specific performance or replevin
§ 47-2717 - Deduction of damages from the price
§ 47-2718 - Liquidation or limitation of damages; deposits
§ 47-2719 - Contractual modification or limitation of remedy
§ 47-2720 - Effect of "cancellation" or "rescission" on claims for antecedent breach
§ 47-2721 - Remedies for fraud
§ 47-2722 - Who can sue third parties for injury to goods
§ 47-2723 - Proof of market price: time and place
§ 47-2724 - Admissibility of market quotations
§ 47-2725 - Statute of limitations in contracts for sale
§ 47-2A103 - Definitions and index of definitions
§ 47-2A104 - Leases subject to other law
§ 47-2A105 - Territorial application of chapter to goods covered by certificate of title
§ 47-2A107 - Waiver or renunciation of claim or right after default
§ 47-2A108 - Unconscionability
§ 47-2A109 - Option to accelerate at will
§ 47-2A201 - Statute of frauds
§ 47-2A202 - Final written expression; parol or extrinsic evidence
§ 47-2A203 - Seals inoperative
§ 47-2A204 - Formation in general
§ 47-2A206 - Offer and acceptance in formation of lease contract
§ 47-2A208 - Modification, rescission and waiver
§ 47-2A209 - Lessee under finance lease as beneficiary of supply contract
§ 47-2A210 - Express warranties
§ 47-2A212 - Implied warranty of merchantability
§ 47-2A213 - Implied warranty of fitness for particular purpose
§ 47-2A214 - Exclusion or modification of warranties
§ 47-2A215 - Cumulation and conflict of warranties express or implied
§ 47-2A216 - Third-party beneficiaries of express and implied warranties
§ 47-2A218 - Insurance and proceeds
§ 47-2A220 - Effect of default on risk of loss
§ 47-2A221 - Casualty to identified goods
§ 47-2A301 - Enforceability of lease contract
§ 47-2A302 - Title to and possession of goods
§ 47-2A304 - Subsequent lease of goods by lessor
§ 47-2A305 - Sale or sublease of goods by lessee
§ 47-2A306 - Priority of certain liens arising by operation of law
§ 47-2A308 - Special rights of creditors
§ 47-2A309 - Lessor's and lessee's rights when goods become fixtures
§ 47-2A310 - Lessor's and lessee's rights when goods become accessions
§ 47-2A311 - Priority subject to subordination
§ 47-2A401 - Insecurity; adequate assurance of performance
§ 47-2A402 - Anticipatory repudiation
§ 47-2A403 - Retraction of anticipatory repudiation
§ 47-2A404 - Substituted performance
§ 47-2A405 - Excused performance
§ 47-2A406 - Procedure on excused performance
§ 47-2A407 - Irrevocable promises; finance leases
§ 47-2A501 - Default; procedure
§ 47-2A502 - Notice after default
§ 47-2A503 - Modification or impairment of rights and remedies
§ 47-2A504 - Liquidation of damages
§ 47-2A506 - Statute of limitations
§ 47-2A507 - Proof of market rent; time and place
§ 47-2A508 - Lessee's remedies
§ 47-2A509 - Lessee's rights on improper delivery; rightful rejection
§ 47-2A510 - Installment lease contracts; rejection and default
§ 47-2A511 - Merchant lessee's duties as to rightfully rejected goods
§ 47-2A512 - Lessee's duties as to rightfully rejected goods
§ 47-2A513 - Cure by lessor of improper tender or delivery; replacement
§ 47-2A514 - Waiver of lessee's objections
§ 47-2A515 - Acceptance of goods
§ 47-2A517 - Revocation of acceptance of goods
§ 47-2A518 - Cover; substitute goods
§ 47-2A520 - Lessee's incidental and consequential damages
§ 47-2A521 - Lessee's right to specific performance or replevin
§ 47-2A522 - Lessee's right to goods on lessor's insolvency
§ 47-2A523 - Lessor's remedies
§ 47-2A524 - Lessor's right to identify goods to lease contract
§ 47-2A525 - Lessor's right to possession of goods
§ 47-2A526 - Lessor's stoppage of delivery in transit or otherwise
§ 47-2A527 - Lessor's rights to dispose of goods
§ 47-2A528 - Lessor's damages for nonacceptance, failure to pay, repudiation or other default
§ 47-2A529 - Lessor's action for the rent
§ 47-2A530 - Lessor's incidental damages
§ 47-2A531 - Standing to sue third parties for injury to goods
§ 47-2A532 - Lessor's rights to residual interest
§ 47-3104 - Negotiable instrument
§ 47-3105 - Issue of instrument
§ 47-3106 - Unconditional promise or order
§ 47-3107 - Instrument payable in foreign money
§ 47-3108 - Payable on demand or at definite time
§ 47-3109 - Payable to bearer or to order
§ 47-3110 - Identification of person to whom instrument is payable
§ 47-3113 - Date of instrument
§ 47-3114 - Contradictory terms of instrument
§ 47-3115 - Incomplete instrument
§ 47-3116 - Joint and several liability; contribution
§ 47-3117 - Other agreements affecting instrument
§ 47-3118 - Statute of limitations
§ 47-3119 - Notice of right to defend action
§ 47-3202 - Negotiation subject to rescission
§ 47-3203 - Transfer of instrument; rights acquired by transfer
§ 47-3205 - Special indorsement; blank indorsement; anomalous indorsement
§ 47-3206 - Restrictive indorsement
§ 47-3301 - Person entitled to enforce instrument
§ 47-3302 - Holder in due course
§ 47-3303 - Value and consideration
§ 47-3304 - Overdue instrument
§ 47-3305 - Defenses and claims in recoupment
§ 47-3306 - Claims to an instrument
§ 47-3307 - Notice of breach of fiduciary duty
§ 47-3308 - Proof of signatures and status as holder in due course
§ 47-3309 - Enforcement of lost, destroyed or stolen instrument
§ 47-3310 - Effect of instrument on obligation for which taken
§ 47-3311 - Accord and satisfaction by use of instrument
§ 47-3312 - Lost, destroyed or stolen cashier's check, teller's check or certified check
§ 47-3402 - Signature by representative
§ 47-3403 - Unauthorized signature
§ 47-3404 - Impostors; fictitious payees
§ 47-3405 - Employer's responsibility for fraudulent indorsement by employee
§ 47-3406 - Negligence contributing to forged signature or alteration of instrument
§ 47-3408 - Drawee not liable on unaccepted draft
§ 47-3409 - Acceptance of draft; certified check
§ 47-3410 - Acceptance varying draft
§ 47-3411 - Refusal to pay cashier's checks, teller's checks and certified checks
§ 47-3412 - Obligation of issuer of note or cashier's check
§ 47-3413 - Obligation of acceptor
§ 47-3414 - Obligation of drawer
§ 47-3415 - Obligation of indorser
§ 47-3416 - Transfer warranties
§ 47-3417 - Presentment warranties
§ 47-3418 - Payment or acceptance by mistake
§ 47-3419 - Instruments signed for accommodation
§ 47-3420 - Conversion of instrument
§ 47-3503 - Notice of dishonor
§ 47-3504 - Excused presentment and notice of dishonor
§ 47-3505 - Evidence of dishonor
§ 47-3601 - Discharge and effect of discharge
§ 47-3604 - Discharge by cancellation or renunciation
§ 47-3605 - Discharge of indorsers and accommodation parties
§ 47-4103 - Variation by agreement; measure of damages; action constituting ordinary care
§ 47-4104 - Definitions and index of definitions
§ 47-4106 - Payable through or payable at bank; collecting bank
§ 47-4107 - Separate office of bank
§ 47-4108 - Time of receipt of items
§ 47-4110 - Electronic presentment
§ 47-4111 - Statute of limitations
§ 47-4202 - Responsibility for collection or return; when action timely
§ 47-4203 - Effect of instructions
§ 47-4204 - Methods of sending and presenting; sending directly to payor bank
§ 47-4205 - Depositary bank holder of unindorsed item
§ 47-4206 - Transfer between banks
§ 47-4207 - Transfer warranties
§ 47-4208 - Presentment warranties
§ 47-4209 - Encoding and retention warranties
§ 47-4210 - Security interest of collecting bank in items, accompanying documents and proceeds
§ 47-4211 - When bank gives value for purposes of holder in due course
§ 47-4213 - Medium and time of settlement by bank
§ 47-4214 - Right of charge-back or refund; liability of collecting bank; return of item
§ 47-4216 - Insolvency and preference
§ 47-4302 - Payor bank's responsibility for late return of item
§ 47-4401 - When bank may charge customer's account
§ 47-4403 - Customer's right to stop payment; burden of proof of loss
§ 47-4404 - Bank not obligated to pay check more than six months old
§ 47-4405 - Death or incompetence of customer
§ 47-4406 - Customer's duty to discover and report unauthorized signature or alteration
§ 47-4407 - Payor bank's right to subrogation on improper payment
§ 47-4502 - Presentment of "on arrival" drafts
§ 47-4504 - Privilege of presenting bank to deal with goods; security interest for expenses
§ 47-4A103 - Payment order; definitions
§ 47-4A104 - Funds transfer; definitions
§ 47-4A105 - Other definitions
§ 47-4A106 - Time payment order is received
§ 47-4A107 - Federal reserve regulations and operating circulars
§ 47-4A108 - Relationship to electronic fund transfer act
§ 47-4A201 - Security procedure
§ 47-4A202 - Authorized and verified payment orders
§ 47-4A203 - Unenforceability of certain verified payment orders
§ 47-4A205 - Erroneous payment orders
§ 47-4A206 - Transmission of payment order through funds-transfer or other communication system
§ 47-4A207 - Misdescription of beneficiary
§ 47-4A208 - Misdescription of intermediary bank or beneficiary's bank
§ 47-4A209 - Acceptance of payment order
§ 47-4A210 - Rejection of payment order
§ 47-4A211 - Cancellation and amendment of payment order
§ 47-4A212 - Liability and duty of receiving bank regarding unaccepted payment order
§ 47-4A301 - Execution and execution date
§ 47-4A302 - Obligations of receiving bank in execution of payment order
§ 47-4A303 - Erroneous execution of payment order
§ 47-4A304 - Duty of sender to report erroneously executed payment order
§ 47-4A305 - Liability for late or improper execution or failure to execute payment order
§ 47-4A402 - Obligation of sender to pay receiving bank
§ 47-4A403 - Payment by sender to receiving bank
§ 47-4A404 - Obligation of beneficiary's bank to pay and give notice to beneficiary
§ 47-4A405 - Payment by beneficiary's bank to beneficiary
§ 47-4A406 - Payment by originator to beneficiary; discharge of underlying obligation
§ 47-4A501 - Variation by agreement and effect of funds-transfer system rule
§ 47-4A502 - Creditor process served on receiving bank; setoff by beneficiary's bank
§ 47-4A503 - Injunction or restraining order with respect to funds transfer
§ 47-4A505 - Preclusion of objection to debit of customer's account
§ 47-5104 - Formal requirements
§ 47-5106 - Issuance; amendment; cancellation; duration
§ 47-5107 - Confirmer; nominated person
§ 47-5108 - Issuer's rights and obligations
§ 47-5112 - Transfer of letter of credit
§ 47-5113 - Transfer by operation of law
§ 47-5114 - Assignment of proceeds
§ 47-5115 - Statute of limitations
§ 47-5116 - Choice of law and forum
§ 47-5117 - Subrogation of issuer, applicant and nominated person
§ 47-5118 - Security interest of issuer or nominated person
§ 47-7102 - Definitions and index of definitions
§ 47-7103 - Relation of chapter to treaty or statute
§ 47-7104 - Negotiable and nonnegotiable document of title
§ 47-7105 - Reissuance in alternative medium
§ 47-7106 - Control of electronic document of title
§ 47-7201 - Person that may issue a warehouse receipt; storage under bond
§ 47-7202 - Form of warehouse receipt; effect of omission
§ 47-7203 - Liability for nonreceipt or misdescription
§ 47-7204 - Duty of care; contractual limitation of warehouse's liability
§ 47-7205 - Title under warehouse receipt defeated in certain cases
§ 47-7206 - Termination of storage at warehouse's option
§ 47-7207 - Goods must be kept separate; fungible
§ 47-7208 - Altered warehouse receipts