25-3-115. Incomplete instrument.
(a) "Incomplete instrument" means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete but that the signer intended it to be completed by the addition of words or numbers.
(b) Subject to subsection (c) of this section, if an incomplete instrument is an instrument under G.S. 25-3-104, it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under G.S. 25-3-104, but, after completion, the requirements of G.S. 25-3-104 are met, the instrument may be enforced according to its terms as augmented by completion.
(c) If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under G.S. 25-3-407.
(d) The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority. (1899, c. 733, ss. 13 to 15; Rev., ss. 2163 to 2165; C.S., ss. 2994 to 2996; 1965, c. 700, s. 1; 1995, c. 232, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 25 - Uniform Commercial Code
Article 3 - Negotiable Instruments.
§ 25-3-104 - Negotiable instrument.
§ 25-3-105 - Issue of instrument.
§ 25-3-106 - Unconditional promise or order.
§ 25-3-107 - Instrument payable in foreign money.
§ 25-3-108 - Payable on demand or at definite time.
§ 25-3-109 - Payable to bearer or to order.
§ 25-3-110 - Identification of person to whom instrument is payable.
§ 25-3-111 - Place of payment.
§ 25-3-113 - Date of instrument.
§ 25-3-114 - Contradictory terms of instrument.
§ 25-3-115 - Incomplete instrument.
§ 25-3-116 - Joint and several liability; contribution.
§ 25-3-117 - Other agreements affecting instrument.
§ 25-3-118 - Statute of limitations.
§ 25-3-119 - Notice of right to defend action.
§ 25-3-202 - Negotiation subject to rescission.
§ 25-3-203 - Transfer of instrument; rights acquired by transfer.
§ 25-3-205 - Special indorsement; blank indorsement; anomalous indorsement.
§ 25-3-206 - Restrictive indorsement.
§ 25-3-301 - Person entitled to enforce instrument.
§ 25-3-302 - Holder in due course.
§ 25-3-303 - Value and consideration.
§ 25-3-304 - Overdue instrument.
§ 25-3-305 - Defenses and claims in recoupment.
§ 25-3-306 - Claims to an instrument.
§ 25-3-307 - Notice of breach of fiduciary duty.
§ 25-3-308 - Proof of signatures and status as holder in due course.
§ 25-3-309 - Enforcement of lost, destroyed, or stolen instrument.
§ 25-3-310 - Effect of instrument on obligation for which taken.
§ 25-3-311 - Accord and satisfaction by use of instrument.
§ 25-3-312 - Lost, destroyed, or stolen cashier's check, teller's check, or certified check.
§ 25-3-402 - Signature by representative.
§ 25-3-403 - Unauthorized signature.
§ 25-3-404 - Impostors; fictitious payees.
§ 25-3-405 - Employer's responsibility for fraudulent indorsement by employee.
§ 25-3-406 - Negligence contributing to forged signature or alteration of instrument.
§ 25-3-408 - Drawee not liable on unaccepted draft.
§ 25-3-409 - Acceptance of draft; certified check.
§ 25-3-410 - Acceptance varying draft.
§ 25-3-411 - Refusal to pay cashier's checks, teller's checks, and certified checks.
§ 25-3-412 - Obligation of issuer of note or cashier's check.
§ 25-3-413 - Obligation of acceptor.
§ 25-3-414 - Obligation of drawer.
§ 25-3-415 - Obligation of indorser.
§ 25-3-416 - Transfer warranties.
§ 25-3-417 - Presentment warranties.
§ 25-3-418 - Payment or acceptance by mistake.
§ 25-3-419 - Instruments signed for accommodation.
§ 25-3-420 - Conversion of instrument.
§ 25-3-503 - Notice of dishonor.
§ 25-3-504 - Excused presentment and notice of dishonor.
§ 25-3-505 - Evidence of dishonor.
§ 25-3-506 - Collection of processing fee for returned checks.
§ 25-3-601 - Discharge and effect of discharge.
§ 25-3-603 - Tender of payment.
§ 25-3-604 - Discharge by cancellation or renunciation.
§ 25-3-605 - Discharge of indorsers and accommodation parties.