Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an equivalent amount in dollars calculated by using the current bank-offered spot rate at the place of payment for the purchase of dollars on the day on which the instrument is paid.
Source: L. 94: Entire article R&RE, p. 844, § 1, effective January 1, 1995.
Editor's note: This section is similar to former § 4-3-107 as it existed prior to 1994.
The definition of instrument in Section 3-104 requires that the promise or order be payable in "money." That term is defined in Section 1-201(24) and is not limited to United States dollars. Section 3-107 states than an instrument payable in foreign money may be paid in dollars if the instrument does not prohibit it. It also states a conversion rate which applies in the absence of a different conversion rate stated in the instrument. The reference in former Section 3-107(1) to instruments payable in "currency" or "current funds" has been dropped as superfluous.
Structure Colorado Code
Title 4 - Uniform Commercial Code
Article 3 - Negotiable Instruments
Part 1 - General Provisions and Definitions
§ 4-3-104. Negotiable Instrument
§ 4-3-105. Issue of Instrument
§ 4-3-106. Unconditional Promise or Order
§ 4-3-107. Instrument Payable in Foreign Money
§ 4-3-108. Payable on Demand or at Definite Time
§ 4-3-109. Payable to Bearer or to Order
§ 4-3-110. Identification of Person to Whom Instrument Is Payable
§ 4-3-114. Contradictory Terms of Instrument
§ 4-3-115. Incomplete Instrument
§ 4-3-116. Joint and Several Liability; Contribution
§ 4-3-117. Other Agreements Affecting Instrument