Section 653. Definitions  


Latest version.
  • 1. "Claimant", when used in this article, means a
      purchaser or holder of a New York instrument.
        2. "Federal insuring agency", when used in  this  article,  means  the
      Federal  Deposit  Insurance  Corporation  or  the  National Credit Union
      Administration.
        3. "Fund", when used in this article, means the state  transmitter  of
      money insurance fund as provided for in this article.
        4.  "Holder",  when used in this article, means a person, other than a
      purchaser, who is either (i) in possession of a New York instrument  and
      is  the  named  payee  thereon,  or  (ii)  in  possession  of a New York
      instrument issued or endorsed to him or bearer or  in  blank;  provided,
      however, that no person who is in possession of a lost, stolen or forged
      New  York instrument or who is in possession of a New York instrument by
      virtue of the fact  that  he  is  the  surety  on  a  bond  required  by
      subdivision one of section six hundred forty-three of this chapter or is
      a  receiver  or  trustee,  whether  in  bankruptcy  or otherwise, for an
      uninsured transmitter of money shall be deemed a "holder" thereof.
        5. "Insured transmitter of money" means a transmitter of  money  whose
      New York instruments are insured by a federal insuring agency.
        6.  "New  York  instrument" means a money order, check, draft or other
      instrument or document for the transmission  or  payment  of  money,  or
      which  evidences an obligation for the transmission or payment of money,
      or which evidences the purchase or deposit of funds for the purchase  of
      any such instrument or document, sold in New York, but shall not include
      a New York traveler's check.
        7.  "Purchaser"  means  a  person  who  buys  or has bought a New York
      instrument from an uninsured transmitter of money or agent thereof.
        8. "Transmitter of money" means a licensee, as such term is defined in
      subdivision two of section six hundred forty of this  chapter,  a  bank,
      trust  company,  private  banker,  savings  bank  and  savings  and loan
      association,  a  credit  union,  foreign  banking  corporation  licensed
      pursuant to article two of this chapter and any investment company which
      either  directly  or through agents transacts the business in this state
      of selling or issuing New York instruments.
        9. "New York traveler's check" means an instrument, regardless of  its
      form,  specifically  identified on the instrument as a traveler's check,
      and issued in either written form,  with  a  provision  for  a  specimen
      signature of the purchaser to be completed at the time of purchase and a
      counter-signature  of  the  purchaser to be completed at the time of its
      negotiation, or in electronic form with  provision  for  the  electronic
      equivalent  of  the  specimen  signature  and counter signature, and, in
      either case, sold in New York. An instrument shall not be identified  as
      a  traveler's  check  if  it  fails  to comply, as the case may be, with
      either  the  written  or  electronic  signature  requirements  of   this
      subdivision.
        10.  "Uninsured  transmitter  of  money"  means a transmitter of money
      other than a  banking  organization,  whose  New  York  instruments  are
      uninsured by a federal insuring agency.