47-3110

47-3110. Identification of person to whom
instrument is payable

A. The person to whom an instrument is initially payable is determined by the
intent of the person, whether or not authorized, signing as, or in the name or behalf of,
the issuer of the instrument. The instrument is payable to the person intended by the
signer even if that person is identified in the instrument by a name or other
identification that is not that of the intended person. If more than one person signs in
the name or behalf of the issuer of an instrument and all the signers do not intend the
same person as payee, the instrument is payable to any person intended by one or more of
the signers.

B. If the signature of the issuer of an instrument is made by automated means, such
as a check-writing machine, the payee of the instrument is determined by the intent of
the person who supplied the name or identification of the payee, whether or not
authorized to do so.

C. A person to whom an instrument is payable may be identified in any way,
including by name, identifying number, office or account number. For the purpose of
determining the holder of an instrument, the following rules apply:

1. If an instrument is payable to an account and the account is identified only by
number, the instrument is payable to the person to whom the account is payable. If an
instrument is payable to an account identified by number and by the name of a person, the
instrument is payable to the named person, whether or not that person is the owner of the
account identified by number.

2. If an instrument is payable to:

(a) A trust, an estate or a person described as trustee or representative of a
trust or estate, the instrument is payable to the trustee, the representative or a
successor of either, whether or not the beneficiary or estate is also named;

(b) A person described as agent or similar representative of a named or identified
person, the instrument is payable to the represented person, the representative or a
successor of the representative;

(c) A fund or organization that is not a legal entity, the instrument is payable to
a representative of the members of the fund or organization; or

(d) An office or to a person described as holding an office, the instrument is
payable to the named person, the incumbent of the office or a successor to the incumbent.

D. If an instrument is payable to two or more persons alternatively, it is payable
to any of them and may be negotiated, discharged or enforced by any or all of them in
possession of the instrument. If an instrument is payable to two or more persons not
alternatively, it is payable to all of them and may be negotiated, discharged or enforced
only by all of them. If an instrument payable to two or more persons is ambiguous as to
whether it is payable to the persons alternatively, the instrument is payable to the
persons alternatively.