Sec. 3103.
(1) As used in this article:
(a) "Acceptor" means a drawee who has accepted a draft.
(b) "Consumer account" means an account established by an individual primarily for personal, family, or household purposes.
(c) "Consumer transaction" means a transaction in which an individual incurs an obligation primarily for personal, family, or household purposes.
(d) "Drawee" means a person ordered in a draft to make payment.
(e) "Drawer" means a person who signs or is identified in a draft as a person ordering payment.
(f) "Maker" means a person who signs or is identified in a note as a person undertaking to pay.
(g) "Order" means a written instruction to pay money signed by the person giving the instruction. The instruction may be addressed to any person, including the person giving the instruction, or to 1 or more persons jointly or in the alterative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay.
(h) "Ordinary care" in the case of a person engaged in business means observance of reasonable commercial standards, prevailing in the area in which the person is located, with respect to the business in which the person is engaged. In the case of a bank that takes an instrument for processing for collection or payment by automated means, reasonable commercial standards do not require the bank to examine the instrument if the failure to examine does not violate the bank's prescribed procedures and the bank's procedures do not vary unreasonably from general banking usage not disapproved by this article or article 4.
(i) "Party" means a party to an instrument.
(j) "Principal obligor", with respect to an instrument, means the accommodated party or any other party to the instrument against whom a secondary obligor has recourse under this article.
(k) "Promise" means a written undertaking to pay money signed by the person undertaking to pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation.
(l) "Prove" with respect to a fact means to meet the burden of establishing the fact under section 1201(2)(h).
(m) "Remitter" means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser.
(n) "Remotely created consumer item" means an item drawn on a consumer account, which is not created by the payor bank and does not bear a handwritten signature purporting to be the signature of the drawer.
(o) "Secondary obligor", with respect to an instrument, means any of the following:
(i) An indorser or an accommodation party.
(ii) A drawer that has the obligation described in section 3414(4).
(iii) Any other party to the instrument that has recourse against another party to the instrument under section 3116(2).
(2) Other definitions applying to this article and the sections in which they appear are as follows:
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1993, Act 130, Eff. Sept. 30, 1993 ;-- Am. 2012, Act 86, Eff. July 1, 2013 ;-- Am. 2014, Act 101, Imd. Eff. Apr. 10, 2014 Compiler's Notes: In subsection (1)(g), “alterative” evidently should read “alternative.
Structure Michigan Compiled Laws
Chapter 440 - Uniform Commercial Code
Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)
Article 3 - Negotiable Instruments (440.3101...440.3805)
174-1962-3-1 - Part 1 General Provisions and Definitions (440.3101...440.3122)
Section 440.3101 - Short Title; Article.
Section 440.3102 - Scope; Limitations; Conflict of Laws.
Section 440.3103 - Definitions; Principles of Construction.
Section 440.3104 - Additional Definitions.
Section 440.3106 - Unconditional Status of Promise or Order.
Section 440.3107 - Payment in Foreign Money.
Section 440.3108 - Instrument Payable on Demand, at Definite Time, or at Fixed Date.
Section 440.3111 - Place of Payment.
Section 440.3113 - Instrument Antedated, Postdated, or Undated.
Section 440.3114 - Instrument; Contradictory Terms.
Section 440.3115 - Incomplete Instrument; Definition; Enforcement; Alteration; Burden.
Section 440.3116 - Joint and Several Liability.
Section 440.3117 - Obligation Modified, Supplemented, or Nullified by Separate Agreement.
Section 440.3118 - Action to Enforce Obligation; Commencement; Time Period; Other Actions.
Section 440.3119 - Notice of Litigation to Answerable Third Party.
Section 440.3120-440.3122 - Repealed. 1993, Act 130, Eff. Sept. 30, 1993.