(810 ILCS 5/Art. 3 Pt. 2 heading)
PART 2.
NEGOTIATION, TRANSFER AND INDORSEMENT
|
(810 ILCS 5/3-201) (from Ch. 26, par. 3-201)
Sec. 3-201.
Negotiation.
(a) "Negotiation" means a transfer of possession, whether voluntary or
involuntary, of an instrument by a person other than the issuer to a
person who thereby becomes its holder.
(b) Except for negotiation by a remitter, if an instrument is payable to
an identified person, negotiation requires transfer of possession of the
instrument and its indorsement by the holder. If an instrument is payable
to bearer, it may be negotiated by transfer of possession alone.
(Source: P.A. 87-582; 87-1135.)
|
(810 ILCS 5/3-202) (from Ch. 26, par. 3-202)
Sec. 3-202.
Negotiation subject to rescission.
(a) Negotiation is effective even if obtained (i) from an infant, a
corporation exceeding its powers, or a person without capacity, (ii) by
fraud, duress, or mistake, or (iii) in breach of duty or as part of an
illegal transaction.
(b) To the extent permitted by other law, negotiation may be rescinded
or may be subject to other remedies, but those remedies may not be asserted
against a subsequent holder in due course or a person paying the instrument
in good faith and without knowledge of facts that are a basis for
rescission or other remedy.
(Source: P.A. 87-582; 87-1135.)
|
(810 ILCS 5/3-203) (from Ch. 26, par. 3-203)
Sec. 3-203.
Transfer of instrument; rights acquired by transfer.
(a) An instrument is transferred when it is delivered by a person other
than its issuer for the purpose of giving to the person receiving delivery
the right to enforce the instrument.
(b) Transfer of an instrument, whether or not the transfer is a
negotiation, vests in the transferee any right of the transferor to enforce
the instrument, including any right as a holder in due course, but the
transferee cannot acquire rights of a holder in due course by a transfer,
directly or indirectly, from a holder in due course if the transferee
engaged in fraud or illegality affecting the instrument.
(c) Unless otherwise agreed, if an instrument is transferred for value
and the transferee does not become a holder because of lack of indorsement
by the transferor, the transferee has a specifically enforceable right to
the unqualified indorsement of the transferor, but negotiation of the
instrument does not occur until the indorsement is made.
(d) If a transferor purports to transfer less than the entire
instrument, negotiation of the instrument does not occur. The transferee
obtains no rights under this Article and has only the rights of a partial
assignee.
(Source: P.A. 87-582; 87-1135.)
|
(810 ILCS 5/3-204) (from Ch. 26, par. 3-204)
Sec. 3-204.
Indorsement.
(a) "Indorsement" means a signature, other than that of a signer as
maker, drawer, or acceptor, that alone or accompanied by other words is
made on an instrument for the purpose of (i) negotiating the instrument,
(ii) restricting payment of the instrument, or (iii) incurring indorser's
liability on the instrument, but regardless of the intent of the signer, a
signature and its accompanying words is an indorsement unless the
accompanying words, terms of the instrument, place of the
signature, or other circumstances unambiguously indicate that the signature
was made for a purpose other than indorsement. For the purpose of
determining whether a signature is made on an instrument, a paper affixed
to the instrument is a part of the instrument.
(b) "Indorser" means a person who makes an indorsement.
(c) For the purpose of determining whether the transferee of an
instrument is a holder, an indorsement that transfers a security interest in
the instrument is effective as an unqualified indorsement of the instrument.
(d) If an instrument is payable to a holder under a name that is not the
name of the holder, indorsement may be made by the holder in the name
stated in the instrument or in the holder's name or both, but signature in
both names may be required by a person paying or taking the instrument for
value or collection.
(Source: P.A. 87-582; 87-1135.)
|
(810 ILCS 5/3-205) (from Ch. 26, par. 3-205)
Sec. 3-205.
Special indorsement; blank indorsement; anomalous indorsement.
(a) If an indorsement is made by the holder of an instrument, whether
payable to an identified person or payable to bearer, and the indorsement
identifies a person to whom it makes the instrument payable, it is a
"special indorsement". When specially indorsed, an instrument becomes
payable to the identified person and may be negotiated only by the
indorsement of that person. The principles stated in Section 3-110 apply
to special indorsements.
(b) If an indorsement is made by the holder of an instrument and it is
not a special indorsement, it is a "blank indorsement". When indorsed in
blank, an instrument becomes payable to bearer and may be negotiated by
transfer of possession alone until specially indorsed.
(c) The holder may convert a blank indorsement that consists only of a
signature into a special indorsement by writing, above the signature of the
indorser, words identifying the person to whom the instrument is made payable.
(d) "Anomalous indorsement" means an indorsement made by a person that
is not the holder of the instrument. An anomalous indorsement does not
affect the manner in which the instrument may be negotiated.
(Source: P.A. 87-582.)
|
(810 ILCS 5/3-206) (from Ch. 26, par. 3-206)
Sec. 3-206.
Restrictive indorsement.
(a) An indorsement limiting payment to a particular person or otherwise
prohibiting further transfer or negotiation of the instrument is not
effective to prevent further transfer or negotiation of the instrument.
(b) An indorsement stating a condition to the right of the indorsee to
receive payment does not affect the right of the indorsee to enforce the
instrument. A person paying the instrument or taking it for value or
collection may disregard the condition, and the rights and liabilities of
that person are not affected by whether the condition has been fulfilled.
(c) If an instrument bears an indorsement (i) described in Section 4-201(b),
or (ii) in blank or to a particular bank using the words "for deposit", "for
collection", or other words indicating a purpose of having the instrument
collected by a bank for the indorser or for a particular account, the following
rules apply:
(1) A person, other than a bank, who purchases the
| | instrument when so indorsed converts the instrument unless the amount paid for the instrument is received by the indorser or applied consistently with the indorsement.
|
|
(2) A depositary bank that purchases the instrument
| | or takes it for collection when so indorsed converts the instrument unless the amount paid by the bank with respect to the instrument is received by the indorser or applied consistently with the indorsement.
|
|
(3) A payor bank that is also the depositary bank or
| | that takes the instrument for immediate payment over the counter from a person other than a collecting bank converts the instrument unless the proceeds of the instrument are received by the indorser or applied consistently with the indorsement.
|
|
(4) Except as otherwise provided in paragraph (3), a
| | payor bank or intermediary bank may disregard the indorsement and is not liable if the proceeds of the instrument are not received by the indorser or applied consistently with the indorsement.
|
|
(d) Except for an indorsement covered by subsection (c), if an instrument
bears an indorsement using words to the effect that payment is to be made to
the indorsee as agent, trustee, or other fiduciary for the benefit of the
indorser or another person the following rules apply:
(1) Unless there is notice of breach of fiduciary
| | duty as provided in Section 3-307, a person who purchases the instrument from the indorsee or takes the instrument from the indorsee for collection or payment may pay the proceeds of payment or the value given for the instrument to the indorsee without regard to whether the indorsee violates a fiduciary duty to the indorser.
|
|
(2) A later transferee of the instrument or person
| | who pays the instrument is neither given notice nor otherwise affected by the restriction in the indorsement unless the transferee or payor knows that the fiduciary dealt with the instrument or its proceeds in breach of fiduciary duty.
|
|
(e) The presence on an instrument of an indorsement to which this
Section applies does not prevent a purchaser of the instrument from
becoming a holder in due course of the instrument unless the purchaser is a
converter under subsection (c) or has notice or knowledge of breach of
fiduciary duty as stated in subsection (d).
(f) In an action to enforce the obligation of a party to pay the
instrument, the obligor has a defense if payment would violate an
indorsement to which this Section applies and the payment is not permitted
by this Section.
(Source: P.A. 87-582; 87-1135.)
|
(810 ILCS 5/3-207) (from Ch. 26, par. 3-207)
Sec. 3-207.
Reacquisition.
Reacquisition of an instrument occurs if it is
transferred to a former holder, by negotiation or otherwise. A former holder
who reacquires the instrument may cancel indorsements made after the reacquirer
first became a holder of the instrument. If the cancellation causes the
instrument to be payable to the reacquirer or to bearer, the reacquirer may
negotiate the instrument. An indorser whose indorsement is canceled is
discharged, and the discharge is effective against any subsequent holder.
(Source: P.A. 87-582; 87-895; 87-1135.)
|
|
