(a) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.
(b) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.
(c) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made.
(d) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this article and has only the rights of a partial assignee.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
Article 3. Negotiable Instruments
§46-3-104. Negotiable Instrument
§46-3-105. Issue of Instrument
§46-3-106. Unconditional Promise or Order
§46-3-107. Instrument Payable in Foreign Money
§46-3-108. Payable on Demand or at Definite Time
§46-3-109. Payable to Bearer or to Order
§46-3-110. Identification of Person to Whom Instrument Is Payable
§46-3-114. Contradictory Terms of Instrument
§46-3-115. Incomplete Instrument
§46-3-116. Joint and Several Liability; Contribution
§46-3-117. Other Agreements Affecting Instrument
§46-3-118. Statute of Limitations
§46-3-119. Notice of Right to Defend Action
§46-3-202. Negotiation Subject to Rescission
§46-3-203. Transfer of Instrument; Rights Acquired by Transfer
§46-3-205. Special Indorsement; Blank Indorsement; Anomalous Indorsement
§46-3-206. Restrictive Indorsement
§46-3-301. Person Entitled to Enforce Instrument
§46-3-302. Holder in Due Course
§46-3-303. Value and Consideration
§46-3-305. Defenses and Claims in Recoupment
§46-3-306. Claims to an Instrument
§46-3-307. Notice of Breach of Fiduciary Duty
§46-3-308. Proof of Signatures and Status as Holder in Due Course
§46-3-309. Enforcement of Lost, Destroyed, or Stolen Instrument
§46-3-310. Effect of Instrument on Obligation for Which Taken
§46-3-311. Accord and Satisfaction by Use of Instrument
§46-3-312. Lost, Destroyed, or Stolen Cashier's Check, Teller's Check or Certified Check
§46-3-402. Signature by Representative
§46-3-403. Unauthorized Signature
§46-3-404. Impostors; Fictitious Payees
§46-3-405. Employer's Responsibility for Fraudulent Indorsement by Employee
§46-3-406. Negligence Contributing to Forged Signature or Alteration of Instrument
§46-3-408. Drawee Not Liable on Unaccepted Draft
§46-3-409. Acceptance of Draft; Certified Check
§46-3-410. Acceptance Varying Draft
§46-3-411. Refusal to Pay Cashier's Checks, Teller's Checks and Certified Checks
§46-3-412. Obligation of Issuer of Note or Cashier's Check
§46-3-413. Obligation of Acceptor
§46-3-414. Obligation of Drawer
§46-3-415. Obligation of Indorser
§46-3-416. Transfer Warranties
§46-3-417. Presentment Warranties
§46-3-418. Payment of Acceptance by Mistake
§46-3-419. Instruments Signed for Accommodation
§46-3-420. Conversion of Instrument
§46-3-504. Excused Presentment and Notice of Dishonor
§46-3-505. Evidence of Dishonor
§46-3-601. Discharge and Effect of Discharge