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2025 Delaware Code
Title 5 - Banking
Chapter 9. REGULATIONS GOVERNING BUSINESS OF BANKS AND TRUST COMPANIES
Subchapter I. General Provisions
§ 939. Negotiable instruments.

Universal Citation:
5 DE Code § 939 (2025)
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§ 939. Negotiable instruments.

(a) For purposes of this section, “fiduciary” shall have the same meaning as in § 3301(d) of Title 12.

(b) If a negotiable instrument is drawn upon the account of a principal in a bank by a fiduciary who is empowered to draw upon the principal's account, the bank is authorized to pay such instrument without being liable to the principal for the application of the funds.

(c) If any negotiable instrument payable or endorsed to a fiduciary as such is endorsed by a fiduciary, or if any negotiable instrument payable or endorsed to a principal is endorsed by a fiduciary empowered to endorse such instrument on behalf of the principal, the endorsee is not bound to inquire whether the fiduciary is committing a breach of its obligation as fiduciary by endorsing or delivering the instrument, and is not liable for the application of the funds.

65 Del. Laws, c. 422, § 1; 
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