KRS 355.3-105: Issue of instrument.

(1) "Issue" means:

(a) The first delivery of an instrument by the maker or drawer, whether to a

holder or nonholder, for the purpose of giving rights on the instrument to any

person; or

(b) If agreed by the payee, the first transmission by the drawer to the payee of an

image of an item and information derived from the item that enables the

depositary bank to collect the item by transferring or presenting under federal

law an electronic check.

(2) (a) An unissued instrument, or an unissued incomplete instrument that is

completed, is binding on the maker or drawer, but nonissuance is a defense.

(b) An instrument that is conditionally issued or is issued for a special purpose is

binding on the maker or drawer, but failure of the condition or special purpose

to be fulfilled is a defense.

(3) "Issuer" applies to issued and unissued instruments and means a maker or drawer of

an instrument.