KRS 355.3-110: Identification of person to whom instrument is payable.
Where this section sits in the code
(1) The person to whom an instrument is initially payable is determined by the intent of
the person, whether or not authorized, signing as, or in the name or behalf of, the
issuer of the instrument. The instrument is payable to the person intended by the
signer even if that person is identified in the instrument by a name or other
identification that is not that of the intended person. If more than one person signs
in the name or behalf of the issuer of an instrument and all the signers do not intend
the same p erson as payee, the instrument is payable to any person intended by one
or more of the signers.
(2) If the signature of the issuer of an instrument is made by automated means, such as
a check-writing machine, the payee of the instrument is determined by th e intent of
the person who supplied the name or identification of the payee, whether or not
authorized to do so.
(3) A person to whom an instrument is payable may be identified in any way, including
by name, identifying number, office, or account number. F or the purpose of
determining the holder of an instrument, the following rules apply:
(a) If an instrument is payable to an account and the account is identified only by
number, the instrument is payable to the person to whom the account is
payable. If an instrument is payable to an account identified by number and by
the name of a person, the instrument is payable to the named person, whether
or not that person is the owner of the account identified by number.
(b) If an instrument is payable to:
1. A trust, an estate, or a person described as trustee or representative of a
trust or estate, the instrument is payable to the trustee, the representative,
or a successor of either, whether or not the beneficiary or estate is also
named;
2. A person described as a gent or similar representative of a named or
identified person, the instrument is payable to the represented person,
the representative, or a successor of the representative;
3. A fund or organization that is not a legal entity, the instrument is
payable to a representative of the members of the fund or organization;
or
4. An office or to a person described as holding an office, the instrument is
payable to the named person, the incumbent of the office, or a successor
to the incumbent.
(4) If an instrument is payable to two (2) or more persons alternatively, it is payable to
any of them and may be negotiated, discharged, or enforced by any or all of them in
possession of the instrument. If an instrument is payable to two (2) or more persons
not alternatively, it is payable to all of them and may be negotiated, discharged, or
enforced only by all of them. If an instrument payable to two (2) or more persons is
ambiguous as to whether it is payable to the persons alternatively, the instrument is
payable to the persons alternatively.
Collected 2026-09-05T20:58:44Z. Source file · JSON