MCL - Index of 174-1962-3

NOTE: Dates reflect any modification to item, not necessarily a change in law.
Title Subject
174-1962-3 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 440.3105 “Issue” and “issuer” defined; effect of unissued or conditionally issued instrument.
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 440.3109 Promise or order; payable on demand; payable at definite time; instrument payable at fixed date.
Section 440.3110 Determination of person payable; intent; signature by automated means; determining holder; instrument payable to 2 or more persons.
Section 440.3111 Place of payment.
Section 440.3112 Interest.
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Section 440.3120-440.3122 Repealed. 1993, Act 130, Eff.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.
174-1962-3-2 PART 2 NEGOTIATION, TRANSFER, AND ENDORSEMENT (440.3201...440.3208)
Section 440.3201 Negotiation; definition; transfer of possession.
Section 440.3202 Negotiation; effective although subject to rescission or other remedies.
Section 440.3203 Transfer of instrument; delivery; rights of transferee; effect of transfer of less than entire instrument.
Section 440.3204 “Endorsement” and “endorser” defined; transfer of security interest effective as unqualified endorsement; instrument payable to name other than holder.
Section 440.3205 Special endorsement; blank endorsement; conversion; “anomalous endorsement” defined.
Section 440.3206 Endorsement; limitation; condition; words indicating collection by bank; endorsee as agent, trustee, or other fiduciary; purchaser as holder in due course; exception; defense.
Section 440.3207 Instrument; reacquisition.
Section 440.3208 Repealed. 1993, Act 130, Eff. Sept. 30, 1993.
174-1962-3-3 PART 3 ENFORCEMENT OF INSTRUMENTS (440.3301...440.3312)
Section 440.3301 Instrument; person entitled to enforce.
Section 440.3302 Holder in due course; notice of discharge as effective against holder; rights of holder; time and manner of notice; section subject to law limiting status.
Section 440.3303 Instrument issued or transferred for value; consideration.
Section 440.3304 Instruments payable on demand or payable at definite time as overdue; conditions.
Section 440.3305 Right to enforce obligation; defenses or claims available; statement; section subject to other law.
Section 440.3306 Instrument; person subject to claim of property or possessory right.
Section 440.3307 Fiduciary duty; breach.
Section 440.3308 Establishing validity of signature; burden; right to payment subject to defense or claim in recoupment; holder in due course not subject to defense or claim.
Section 440.3309 Enforcement of instrument in which loss of possession occurred.
Section 440.3310 Certified check, cashier's check, or teller's check; discharge; note or uncertified check; suspension of obligation; other instruments.
Section 440.3311 Discharge; tender as full satisfaction of claim.
Section 440.3312 Definitions; asserting claim to amount of check by communication to obligated bank; delivery of declaration of loss; claim asserted in compliance with subsection (2); duties of claimant if presentment by holder in due course; rights of claimant with respect to check.
174-1962-3-4 PART 4 LIABILITY OF PARTIES (440.3401...440.3420)
Section 440.3401 Liability; signature.
Section 440.3402 Liability of parties; signature by authorized representative.
Section 440.3403 Unauthorized signature; effect.
Section 440.3404 Imposter; inducing issuance of instrument; endorsement in name of payee; failure to exercise ordinary care.
Section 440.3405 Definitions; fraudulent endorsement by employee or person acting in concert with employee.
Section 440.3406 Failure to exercise ordinary care contributing to alteration or forged instrument; allocation of loss; burden of proof.
Section 440.3407 Alteration; definition; discharge of party affected; enforcement of rights.
Section 440.3408 Check or draft; operation as assignment.
Section 440.3409 Acceptance of draft; definition; operation; “certified check” defined; refusal to certify.
Section 440.3410 Acceptance varying from terms of draft.
Section 440.3411 Obligated bank; definition; refusal to pay check; expenses or damages not recoverable.
Section 440.3412 Note, cashier's check, or other draft; obligation of issuer to pay according to terms.
Section 440.3413 Draft; obligation to pay according to terms; amount.
Section 440.3414 Applicability of section; unaccepted draft; dishonor; payment according to terms; acceptance by bank; discharge of drawer; obligation of drawer if acceptor not bank and draft dishonored; disclaimer of liability; suspension of payments after expiration of 30-day period.
Section 440.3415 Dishonored instrument; obligation and liability of endorser.
Section 440.3416 Transfer of instrument for consideration; endorsement; warranties.
Section 440.3417 Presentment of unaccepted or dishonored draft; rights of parties.
Section 440.3418 Payment or acceptance by mistake.
Section 440.3419 Accommodation parties.
Section 440.3420 Conversion.
174-1962-3-5 PART 5 DISHONOR (440.3501...440.3511)
Section 440.3501 Presentment; definition; manner; rights of party to whom presentment is made.
Section 440.3502 Notes and drafts; dishonor.
Section 440.3503 Notice of dishonor; manner; sufficiency; time periods.
Section 440.3504 Presentment, notice of dishonor, or delay in giving notice of dishonor; conditions for excuse.
Section 440.3505 Admissible evidence creating presumption of dishonor; protest.
Section 440.3506-440.3511 Repealed. 1993, Act 130, Eff. Sept. 30, 1993.
174-1962-3-6 PART 6 DISCHARGE AND PAYMENT (440.3601...440.3606)
Section 440.3601 Discharge; effect against holder in due course.
Section 440.3602 Discharge; payment; "signed" defined.
Section 440.3603 Tender of payment; effect; refusal of tender as discharge; interest; obligor ready and able to pay on due date.
Section 440.3604 Discharge by intentional voluntary act; canceling or striking out endorsement; "signed" defined.
Section 440.3605 Secondary obligor; rights and duties; agreement to modification or to extend time when payments are due; obligation secured by interest in collateral; discharge; impairing value of interest in collateral; knowledge of accommodation; consent or waiver of discharge; release or extension; burden of persuasion; presumption.
Section 440.3606 Repealed. 1993, Act 130, Eff. Sept. 30, 1993.
174-1962-3-7 PART 7 ADVICE OF INTERNATIONAL SIGHT DRAFT (440.3701...440.3701)
Section 440.3701 Repealed. 1993, Act 130, Eff. Sept. 30, 1993.
174-1962-3-8 PART 8 MISCELLANEOUS (440.3801...440.3805)
Section 440.3801-440.3805 Repealed. 1993, Act 130, Eff. Sept. 30, 1993.