Exam 24: Form and Content

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The person who signs a note and promises to pay it is the maker.

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An instrument is payable to order if it is payable:

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Identify which of the following meet the Article 3 negotiability requirement of being payable at a definite time: (a) A note payable "on or before June 14, 2014." (b) A dated instrument payable "30 days after date." (c) An undated instrument payable "30 days after date." (d) An instrument payable "when Baxter is promoted to plant manager." (e) A note payable on December 31, subject to acceleration by the holder." (f) A note granting the holder the option to extend maturity of the instrument for an indefinite period.

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A reference in a negotiable instrument to the existence of a separate agreement to which it is subject destroys the negotiability of the instrument.

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Bill goes to First Bank to get a loan. He signs a note and agrees to repay the bank. What is the legal term for Bill's status regarding the note?

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Who are the parties to checks and notes?

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Postdating an instrument will destroy its negotiability.

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Handwritten words supersede typewritten words contained in negotiable instruments.

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Carlos wrote a check with the numbers $4500 and the written amount as forty-five dollars. Explain how the ambiguity will be resolved.

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A promissory note is an instrument that involves three parties in three capacities.

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Under the Check 21 Act:

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Jake signed and delivered a negotiable promissory note payable to Nancy. Nancy negotiated the note to Fred. Fred now has the same legal status as an assignee of a contract.

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The UCC states that an instrument fulfills the requirements of being payable to bearer if it:

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Notes and certificates of deposit are orders to pay money.

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An "I.O.U." is a negotiable instrument.

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Only a bank may serve as the maker of a certificate of a deposit.

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Negotiability is wholly a matter of form.

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Carol buys some items at the drugstore and writes a check to the store on her account at First Bank. Who is the drawee?

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A provision in a promissory note payable one year from its date that the maker may extend the maturity date six months impairs the note's negotiability.

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Negotiability invests negotiable instruments with a high degree of marketability and commercial utility by allowing them to be freely transferable and enforceable by a person with the rights of a holder in due course against a person obligated on the instrument.

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