2006 New York Code - Form Of Negotiable Instruments; "draft"; "check"; "certificate Of Deposit"; "note".



 
  Section 3--104. Form   of   Negotiable  Instruments;  "Draft";  "Check";
                    "Certificate of Deposit"; "Note".
    (1) Any writing to be a negotiable instrument within this Article must
         (a) be signed by the maker or drawer; and
         (b) contain an unconditional  promise  or  order  to  pay  a  sum
             certain  in  money and no other promise, order, obligation or
             power given by the maker or drawer except  as  authorized  by
             this Article; and
         (c) be payable on demand or at a definite time; and
         (d) be payable to order or to bearer.
    (2) A writing which complies with the requirements of this section is
         (a) a "draft" ("bill of exchange") if it is an order;
         (b) a  "check"  if  it  is a draft drawn on a bank and payable on
             demand;
         (c) a "certificate of deposit" if it is an  acknowledgment  by  a
             bank of receipt of money with an engagement to repay it;
         (d) a  "note"  if  it  is  a  promise other than a certificate of
             deposit.
    (3) As used in other Articles of this Act,  and  as  the  context  may
  require, the terms "draft", "check", "certificate of deposit" and "note"
  may refer to instruments which are not negotiable within this Article as
  well as to instruments which are so negotiable.

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