KRS 386.140: Checks drawn by a fiduciary payable to third person or to himself.
Where this section sits in the code
- KRS Chapter 386
(1) If a check or other bill of exchange is drawn by a fiduciary as such, or in the name
of his principal by a fiduciary empowered to draw the instrument in the name of his
principal, the payee is not bound to inquire whether the fiduciary is committing a
breach of his obligation as fiduciary in drawing or delivering the instrument, and is
not chargeable with notice that the fiduciary is committing a breach of his
obligation as fiduciary, unless he takes the instrument with actual knowledge of the
breach or wit h knowledge of such facts that his action in taking the instrument
amounts to bad faith.
(2) If a check or other bill of exchange is drawn by a fiduciary as such or in the name of
his principal by a fiduciary empowered to draw the instrument in the name o f his
principal, payable to the fiduciary personally, or payable to a third person and by
him transferred to the fiduciary, and is thereafter transferred by the fiduciary,
whether in payment of a personal debt of the fiduciary or otherwise, the transferee is
not bound to inquire whether the fiduciary is committing a breach of his obligation
as fiduciary in transferring the instrument, and is not chargeable with notice that the
fiduciary is committing a breach of his obligation as fiduciary unless he takes t he
instrument with actual knowledge of the breach or with knowledge of such facts
that his action in taking the instrument amounts to bad faith.
Collected 2026-09-05T20:59:15Z. Source file · JSON