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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 12A, § 12A-3-104: Negotiable Instrument

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Where this section sits in the code
  1. OK Code
  2. Title 12A

NEGOTIABLE INSTRUMENT

(a) Except as provided in subsections (c) and (d) of this

section, "negotiable instrument" means an unconditional promise or

order to pay a fixed amount of money, with or without interest or

other charges described in the promise or order, if it:

(1) is payable to bearer or to order at the time it is

issued or first comes into possession of a holder;

(2) is payable on demand or at a definite time; and

(3) does not state any other undertaking or instruction by

the person promising or ordering payment to do any act

in addition to the payment of money, but the promise

or order may contain (i) an undertaking or power to

give, maintain, or protect collateral to secure

payment, (ii) an authorization or power to the holder

to confess judgment or realize on or dispose of

collateral, (iii) a waiver of the benefit of any law

intended for the advantage or protection of an

obligor, (iv) a term that specifies the law that

governs the promise or order, or (v) an undertaking to

resolve in a specified forum a dispute concerning the

promise or order.

(b) "Instrument" means a negotiable instrument.

(c) An order that meets all of the requirements of subsection

(a) of this section, except paragraph (1), and otherwise falls

within the definition of "check" in subsection (f) of this section

is a negotiable instrument and a check.

(d) A promise or order other than a check is not an instrument

if, at the time it is issued or first comes into possession of a

holder, it contains a conspicuous statement, however expressed, to

the effect that the promise or order is not negotiable or is not an

instrument governed by this article.

(e) An instrument is a "note" if it is a promise and is a

"draft" if it is an order. If an instrument falls within the

definition of both "note" and "draft", a person entitled to enforce

the instrument may treat it as either.

(f) "Check" means (i) a draft, other than a documentary draft,

payable on demand and drawn on a bank or (ii) a cashier's check or

teller's check. An instrument may be a check even though it is

described on its face by another term, such as "money order".

(g) "Cashier's check" means a draft with respect to which the

drawer and drawee are the same bank or branches of the same bank.

(h) "Teller's check" means a draft drawn by a bank (i) on

another bank, or (ii) payable at or through a bank.

(i) "Traveler's check" means an instrument that (i) is payable

on demand, (ii) is drawn on or payable at or through a bank, (iii)

is designated by the term "traveler's check" or by a substantially

similar term, and (iv) requires, as a condition to payment, a

countersignature by a person whose specimen signature appears on the

instrument.

(j) "Certificate of deposit" means an instrument containing an

acknowledgment by a bank that a sum of money has been received by

the bank and a promise by the bank to repay the sum of money. A

certificate of deposit is a note of the bank.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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