Section 3--104. Form of Negotiable Instruments; "Draft"; "Check"; "Certificate of Deposit"; "Note"  


Latest version.
  • (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.