Sec. 8. If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal's account, the bank is authorized to pay such check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing such check, or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.
Formerly: Acts 1927, c.17, s.8.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 4. Uniform Fiduciaries Act
30-2-4-2. Application of Payments Made to Fiduciaries
30-2-4-3. Registration or Transfer of Securities Held by Fiduciaries
30-2-4-4. Transfer of Negotiable Instrument by Fiduciary
30-2-4-5. Check Drawn by Fiduciary Payable to Third Person
30-2-4-6. Check Drawn by and Payable to Fiduciary
30-2-4-7. Deposit in Name of Fiduciary
30-2-4-8. Deposit in Name of Principal
30-2-4-9. Deposit in Fiduciary's Personal Account
30-2-4-10. Deposit in Names of Two or More Trustees
30-2-4-12. Cases Not Provided For