(a) The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or in the name or behalf of, the issuer of the instrument. The instrument is payable to the person intended by the signer even if that person is identified in the instrument by a name or other identification that is not that of the intended person. If more than one person signs in the name or behalf of the issuer of an instrument and all the signers do not intend the same person as payee, the instrument is payable to any person intended by one or more of the signers.
(b) If the signature of the issuer of an instrument is made by automated means, such as a check-writing machine, the payee of the instrument is determined by the intent of the person who supplied the name or identification of the payee, whether or not authorized to do so.
(c) A person to whom an instrument is payable may be identified in any way, including by name, identifying number, office, or account number. For the purpose of determining the holder of an instrument, the following rules apply:
(1) If an instrument is payable to an account and the account is identified only by number, the instrument is payable to the person to whom the account is payable. If an instrument is payable to an account identified by number and by the name of a person, the instrument is payable to the named person, whether or not that person is the owner of the account identified by number.
(2) If an instrument is payable to: (i) A trust, an estate, or a person described as trustee or representative of a trust or estate, the instrument is payable to the trustee, the representative, or a successor of either, whether or not the beneficiary or estate is also named; (ii) a person described as agent or similar representative of a named or identified person, the instrument is payable to the represented person, the representative, or a successor of the representative; (iii) a fund or organization that is not a legal entity, the instrument is payable to a representative of the members of the fund or organization; or (iv) an office or to a person described as holding an office, the instrument is payable to the named person, the incumbent of the office, or a successor to the incumbent.
(d) If an instrument is payable to two or more persons alternatively, it is payable to any of them and may be negotiated, discharged, or enforced by any or all of them in possession of the instrument. If an instrument is payable to two or more persons not alternatively, it is payable to all of them and may be negotiated, discharged, or enforced only by all of them. If an instrument payable to two or more persons is ambiguous as to whether it is payable to the persons alternatively, the instrument is payable to the persons alternatively.
(1959, P.A. 133, S. 3-110; P.A. 91-304, S. 10.)
History: P.A. 91-304 revised provisions re instruments payable to two or more payees, to an estate, trust or fund and to an office or an officer by his title, and entirely replaced other former provisions.
See Sec. 42a-3-109(b) for successor provisions to Sec. 42a-3-110(1) and (3), revised to 1991, re when an instrument is payable to order.
Structure Connecticut General Statutes
Title 42a - Uniform Commercial Code
Article 3 - Negotiable Instruments
Section 42a-3-101. - Short title: Uniform Commercial Code–Negotiable Instruments.
Section 42a-3-102. - Subject matter.
Section 42a-3-103. - Definitions.
Section 42a-3-104. - Negotiable instrument.
Section 42a-3-105. - Issue of instrument.
Section 42a-3-106. - Unconditional promise or order.
Section 42a-3-107. - Instrument payable in foreign money.
Section 42a-3-108. - Payable on demand or at definite time.
Section 42a-3-109. - Payable to bearer or to order.
Section 42a-3-110. - Identification of person to whom instrument is payable.
Section 42a-3-111. - Place of payment.
Section 42a-3-112. - Interest.
Section 42a-3-113. - Date of instrument.
Section 42a-3-114. - Contradictory terms of instrument.
Section 42a-3-115. - Incomplete instrument.
Section 42a-3-116. - Joint and several liability. Contribution.
Section 42a-3-117. - Other agreements affecting instrument.
Section 42a-3-118. - Statute of limitations.
Section 42a-3-119. - Notice of right to defend action.
Section 42a-3-201. - Negotiation.
Section 42a-3-202. - Negotiation subject to rescission.
Section 42a-3-203. - Transfer of an instrument. Rights acquired by transfer.
Section 42a-3-204. - Endorsement.
Section 42a-3-205. - Special endorsement. Blank endorsement. Anomalous endorsement.
Section 42a-3-206. - Restrictive endorsement.
Section 42a-3-207. - Reacquisition.
Section 42a-3-208. - Reacquisition.
Section 42a-3-301. - Person entitled to enforce instrument.
Section 42a-3-302. - Holder in due course.
Section 42a-3-303. - Value and consideration.
Section 42a-3-304. - Overdue instrument.
Section 42a-3-305. - Defenses and claims in recoupment.
Section 42a-3-306. - Claims to an instrument.
Section 42a-3-307. - Notice of breach of fiduciary duty.
Section 42a-3-308. - Proof of signatures and status as holder in due course.
Section 42a-3-309. - Enforcement of lost, destroyed or stolen instrument.
Section 42a-3-310. - Effect of instrument on obligation for which taken.
Section 42a-3-311. - Accord and satisfaction by use of instrument.
Section 42a-3-401. - Signature.
Section 42a-3-402. - Signature by representative.
Section 42a-3-403. - Unauthorized signature.
Section 42a-3-404. - Impostors. Fictitious payees.
Section 42a-3-405. - Employer's responsibility for fraudulent endorsement by employee.
Section 42a-3-406. - Negligence contributing to forged signature or alteration of instrument.
Section 42a-3-407. - Alteration.
Section 42a-3-408. - Drawee not liable on unaccepted draft.
Section 42a-3-409. - Acceptance of draft. Certified check.
Section 42a-3-410. - Acceptance varying draft.
Section 42a-3-411. - Refusal to pay cashier's checks, teller's checks and certified checks.
Section 42a-3-412. - Obligation of issuer of note or cashier's check.
Section 42a-3-413. - Obligation of acceptor.
Section 42a-3-414. - Obligation of drawer.
Section 42a-3-415. - Obligation of endorser.
Section 42a-3-416. - Transfer warranties.
Section 42a-3-417. - Presentment warranties.
Section 42a-3-418. - Payment or acceptance by mistake.
Section 42a-3-419. - Instruments signed for accommodation.
Section 42a-3-420. - Conversion of instrument.
Section 42a-3-501. - Presentment.
Section 42a-3-502. - Dishonor.
Section 42a-3-503. - Notice of dishonor.
Section 42a-3-504. - Excused presentment and notice of dishonor.
Section 42a-3-505. - Evidence of dishonor.
Section 42a-3-601. - Discharge and effect of discharge.
Section 42a-3-603. - Tender of payment.
Section 42a-3-604. - Discharge by cancellation or renunciation.
Section 42a-3-605. - Discharge of endorsers and accommodation parties.
Section 42a-3-606. - Impairment of recourse or of collateral.
Section 42a-3-701. - Letter of advice of international sight draft.