Negotiation Flashcards

1
Q

Negotiation

A

Transfer of a negotiable instrument so transferee is a holder

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2
Q

Holder Status

A

Possession of Negotiable Instrument AND Good title

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3
Q

Good Title

A

Bearer- possession

Order- possession plus necessary indorsements

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4
Q

Blank Indorsements

A

Payee’s signature only

Whoever in possession with signature can cash it

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5
Q

Special Indorsements

A

Payee’s signature plus designation of new person to whom instrument payable

Creates Order Paper

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6
Q

Indorsement for Deposit or Collection

A

Restrictive indorsement limiting what may be done with instrument

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7
Q

Identification of person to whom instrument payable

A

Intent of issuer determines initial payee

Multiple payees- “and” requires all payees to indorse; “or” requires any one of payees

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8
Q

Transferee’s right to Transferor’s Indorsement

A

If instrument transferred for value, transferee has specifically enforceable right to transferor’s indorsement

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9
Q

Depository Bank becomes holder even w/o Transferee’s signature

A

Depository bank becomes a holder even if payee deposits check in payee’s account without indorsement

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10
Q

Misspelled Payee’s Name

A

Payee may indorse with incorrect or real name

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11
Q

Payee lacking capacity may effectively indorse

A

Negotiation is effective even if the payee was a minor, incompetent, unduly influenced, subject to duress

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