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PUBLIC LAWS OF MAINE
Second Special Session of the 121st

CHAPTER 594
H.P. 1308 - L.D. 1786

An Act Making Amendments to the Uniform Commercial Code Covering Provisions Dealing with Negotiable Instruments and Bank Deposits and Collections

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 11 MRSA §3-1103, sub-§(2), as enacted by PL 1993, c. 293, Pt. A, §2, is amended to read:

     (2) Other definitions applying to this Article and the sections in which they appear are:

"Acceptance"

Section 3-1409

"Accommodated party"

Section 3-1419

"Accommodation party"

Section 3-1419

"Alteration"

Section 3-1407

"Anomalous indorsement"

Section 3-1205

"Blank indorsement"

Section 3-1205

"Cashier's check"

Section 3-1104

"Certificate of deposit"

Section 3-1104

"Certified check"

Section 3-1409

"Check"

Section 3-1104

"Consideration"

Section 3-1303

"Demand draft"

Section 3-1104

"Draft"

Section 3-1104

"Holder in due course"

Section 3-1302

"Incomplete instrument"

Section 3-1115

"Indorsement"

Section 3-1204

"Indorser"

Section 3-1204

"Instrument"

Section 3-1104

"Issue"

Section 3-1105

"Issuer"

Section 3-1105

"Negotiable instrument"

Section 3-1104

"Negotiation"

Section 3-1201

"Note"

Section 3-1104

"Payable at a definite time"

Section 3-1108

"Payable on demand"

Section 3-1108

"Payable to bearer"

Section 3-1109

"Payable to order"

Section 3-1109

"Payment"

Section 3-1602

"Person entitled to enforce"

Section 3-1301

"Presentment"

Section 3-1501

"Reacquisition"

Section 3-1207

"Special indorsement"

Section 3-1205

"Teller's check"

Section 3-1104

"Transfer of instrument"

Section 3-1203

"Traveler's check"

Section 3-1104

"Value"

Section 3-1303

     Sec. 2. 11 MRSA §3-1104, sub-§(6), as enacted by PL 1993, c. 293, Pt. A, §2, is amended to read:

     (6) "Check" means:

An instrument may be a check even though it is described on its face by another term, such as "money order."

     Sec. 3. 11 MRSA §3-1104, sub-§(11) is enacted to read:

     (11) "Demand draft" means a writing not signed by a customer that is created by a 3rd party under the purported authority of the customer for the purpose of charging the customer's account with a bank. A demand draft must contain the customer's account number and may contain any or all of the following:

"Demand draft" does not include a check purportedly drawn by and bearing the signature of a fiduciary, as defined in section 3-1307, subsection 1, paragraph (a).

     Sec. 4. 11 MRSA §3-1416, sub-§(1), ¶¶(d) and (e), as enacted by PL 1993, c. 293, Pt. A, §2, are amended to read:

     Sec. 5. 11 MRSA §3-1416, sub-§(1), ¶(f) is enacted to read:

     Sec. 6. 11 MRSA §3-1416, sub-§(5) is enacted to read:

     (5) If the warranty in subsection (1), paragraph (f) is not given by a transferor under applicable conflict of laws rules, then the warranty is not given to that transferor when that transferor is a transferee.

     Sec. 7. 11 MRSA §3-1417, sub-§(1), as enacted by PL 1993, c. 293, Pt. A, §2, is amended to read:

     (1) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at the time of presentment, and a previous transferor of the draft, at the time of transfer, shall warrant to the drawee making payment or accepting the draft in good faith that:

     Sec. 8. 11 MRSA §3-1417, sub-§§(7) and (8) are enacted to read:

     (7) A demand draft is a check, as provided in section 3-1104, subsection (6).

     (8) If the warranty in subsection (1), paragraph (d) is not given by a transferor under applicable conflict of laws rules, then the warranty is not given to that transferor when that transferor is a transferee.

     Sec. 9. 11 MRSA §4-104, sub-§(3), as amended by PL 1993, c. 293, Pt. B, §9, is further amended to read:

     (3) The following definitions in other Articles apply to this Article:

"Acceptance."

Section 3-1409.

"Alteration."

Section 3-1407.

"Cashier's check."

Section 3-1104.

"Certificate of deposit."

Section 3-1104.

"Certified Check."

Section 3-1409.

"Check."

Section 3-1104.

"Demand draft."

Section 3-1104.

"Draft."

Section 3-1104.

"Good faith."

Section 3-1103.

"Holder in due course."

Section 3-1102.

"Instrument."

Section 3-1104.

"Notice of dishonor."

Section 3-1503.

"Order."

Section 3-1103.

"Ordinary care."

Section 3-1103.

"Person entitled to enforce."

Section 3-1301.

"Presentment."

Section 3-1501.

"Promise."

Section 3-1103.

"Prove."

Section 3-1103.

"Teller's check."

Section 3-1104.

"Unauthorized signature."

Section 3-1403.

     Sec. 10. 11 MRSA §4-207-A, sub-§(1), ¶¶(d) and (e), as enacted by PL 1993, c. 293, Pt. B, §25, are amended to read:

     Sec. 11. 11 MRSA §4-207-A, sub-§(1), ¶(f) is enacted to read:

     Sec. 12. 11 MRSA §4-207-A, sub-§(6) is enacted to read:

     (6) If the warranty in subsection (1), paragraph (f) is not given by a transferor or collecting bank under applicable conflict of laws rules, then the warranty is not given to that transferor when that transferor is a transferee nor to any prior collecting bank of that transferee.

     Sec. 13. 11 MRSA §4-207-B, sub-§(1), as enacted by PL 1993, c. 293, Pt. B, §26, is amended to read:

     (1) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at the time of presentment, and a previous transferor of the draft, at the time of transfer, warrant to the drawee that pays or accepts the draft in good faith that:

     Sec. 14. 11 MRSA §4-207-B, sub-§§(7) and (8) are enacted to read:

     (7) A demand draft is a check, as provided in section 3-1104, subsection (6).

     (8) If the warranty in subsection (1), paragraph (d) is not given by a transferor under applicable conflict of laws rules, then the warranty is not given to the transferor when that transferor is a transferee.

Effective July 30, 2004, unless otherwise indicated.

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