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Commercial Paper and Payments Law

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Draft

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An order written by one party (drawer) to another party (drawee) to pay money to a third party (payee).

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Holder

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An individual in possession of a commercial paper, who has the right to enforce the instrument.

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Holder in Due Course

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A holder who takes an instrument in good faith, for value, and without notice of certain claims or defenses, and therefore has special rights.

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Promissory Note

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A written promise to pay a specified amount of money to a certain individual or entity at a specific time or on demand.

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Bearer Instrument

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A negotiable instrument that is payable to anyone in physical possession of the paper.

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Negotiation

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The transfer of a negotiable instrument in such a manner that the transferee (endorsee) becomes the holder of the instrument.

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Check

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A type of draft that orders a bank to pay a specific amount of money from a person's account to the person in whose name the check has been issued.

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Endorser

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The person who signs their name on a negotiable instrument to transfer ownership or to guarantee payment of the instrument.

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Endorsement

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A signature or statement of purpose by the owner on a negotiable instrument, which specifies the future control of the instrument.

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Endorsee

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An individual who becomes the holder of a negotiable instrument after an endorsement is made to him or her.

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Negotiable Instrument

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A written document guaranteeing the payment of a specific amount of money, either on demand or at a set time.

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Assignment

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The transfer of rights or property to another party, which does not necessarily give the assignee the status of holder in due course.

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Order Instrument

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A negotiable instrument that is payable to a specified person or his/her order.

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Presentment

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The act of formally presenting a negotiable instrument to the drawee for acceptance or payment.

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Anomalous Endorsement

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An endorsement made by someone who is not the holder of the instrument and is usually considered suspicious for negotiation purposes.

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Transfer Warranty

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Warranties made by any transferor of a negotiable instrument, promising the absence of certain claims or defenses against the instrument.

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Dishonor

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The refusal by the drawee or maker to accept or pay on a negotiable instrument when it is presented for payment.

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Drawer

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The party that creates or signs a draft, thereby ordering the drawee to pay the payee.

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Trade Acceptance

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A draft drawn by the seller on the buyer of goods, requiring the buyer to pay the face amount either on the spot or at a specified date.

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Payee

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The person or entity to whom money is promised or owed on a negotiable instrument.

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Certified Check

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A check for which the bank guarantees payment by setting aside the check amount from the payer's account.

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Alteration

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An unauthorized change or addition to a negotiable instrument that affects the obligation of a party.

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Warranty of Presentment

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Assurances given by the presenter of a negotiable instrument that all signatures are authentic and authorized.

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Overdraft

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An extension of credit from a lending institution when an account reaches zero.

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Remote Deposit Capture

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A system that allows a customer to scan checks remotely and transmit the check images to the bank for deposit.

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Drawee

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The party directed by the drawer to pay a certain amount of money to the payee on a draft.

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Non-sufficient Funds (NSF)

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A situation where an account does not have enough money to cover a check written against it.

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Acceptance

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The drawee's signed agreement to pay the draft as presented on the negotiable instrument.

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Forgeries

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Fraudulent alterations or counterfeit endorsements of a negotiable instrument.

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Banker's Acceptance

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A draft drawn on a bank and accepted, guaranteeing payment by the bank at maturity.

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