Sec. 110. (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 (1) 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 (1) 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:
(A) 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;
(B) 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;
(C) 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
(D) 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 (2) 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 (2) 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 (2) or more persons is ambiguous as to whether it is payable to the persons alternatively, the instrument is payable to the persons alternatively.
As added by P.L.222-1993, SEC.5.
Structure Indiana Code
Article 1. Uniform Commercial Code
Chapter 3.1. Negotiable Instruments
26-1-3.1-104. Negotiable Instrument
26-1-3.1-105. Issue of Instrument
26-1-3.1-106. Unconditional Promise or Order
26-1-3.1-107. Instrument Payable in Foreign Money
26-1-3.1-108. Payable on Demand or at Definite Time
26-1-3.1-109. Payable to Bearer or to Order
26-1-3.1-110. Identification of Person to Whom Instrument Is Payable
26-1-3.1-111. Place of Payment
26-1-3.1-113. Date of Instrument
26-1-3.1-114. Contradictory Terms of Instrument
26-1-3.1-115. Incomplete Instrument
26-1-3.1-116. Joint and Several Liability; Contribution
26-1-3.1-117. Other Agreements Affecting Instrument
26-1-3.1-118. Statute of Limitations
26-1-3.1-119. Notice of Right to Defend Action
26-1-3.1-202. Negotiation Subject to Rescission
26-1-3.1-203. Transfer of Instrument; Rights Acquired by Transfer
26-1-3.1-205. Special Endorsement; Blank Endorsement; Anomalous Endorsement
26-1-3.1-206. Restrictive Endorsement
26-1-3.1-301. Person Entitled to Enforce Instrument
26-1-3.1-302. Holder in Due Course
26-1-3.1-303. Value and Consideration
26-1-3.1-304. Overdue Instrument
26-1-3.1-305. Defenses and Claims in Recoupment
26-1-3.1-306. Claims to an Instrument
26-1-3.1-307. Notice of Breach of Fiduciary Duty
26-1-3.1-308. Proof of Signatures and Status as Holder in Due Course
26-1-3.1-309. Enforcement of Lost, Destroyed, or Stolen Instrument
26-1-3.1-310. Effect of Instrument on Obligation for Which Taken
26-1-3.1-311. Accord and Satisfaction by Use of Instrument
26-1-3.1-312. Lost Check; Assertion of Claim to Obligated Bank
26-1-3.1-402. Signature by Representative
26-1-3.1-403. Unauthorized Signature
26-1-3.1-404. Impostors; Fictitious Payees
26-1-3.1-405. Employer's Responsibility for Fraudulent Endorsement by Employee
26-1-3.1-406. Negligence Contributing to Forged Signature or Alteration of Instrument
26-1-3.1-408. Drawee Not Liable on Unaccepted Draft
26-1-3.1-409. Acceptance of Draft; Certified Check
26-1-3.1-410. Acceptance Varying Draft
26-1-3.1-411. Refusal to Pay Cashier's Checks, Teller's Checks, and Certified Checks
26-1-3.1-412. Obligation of Issuer of Note or Cashier's Check
26-1-3.1-413. Obligation of Acceptor
26-1-3.1-414. Obligation of Drawer
26-1-3.1-415. Obligation of Endorser
26-1-3.1-416. Transfer Warranties
26-1-3.1-417. Presentment Warranties
26-1-3.1-418. Payment or Acceptance by Mistake
26-1-3.1-419. Instruments Signed for Accommodation
26-1-3.1-420. Conversion of Instrument
26-1-3.1-502.5. Surcharge After Dishonor
26-1-3.1-503. Notice of Dishonor
26-1-3.1-504. Excused Presentment and Notice of Dishonor
26-1-3.1-505. Evidence of Dishonor
26-1-3.1-601. Discharge and Effect of Discharge
26-1-3.1-603. Tender of Payment
26-1-3.1-604. Discharge by Cancellation or Renunciation
26-1-3.1-605. Release or Extension of an Obligor's Obligation