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Utah · Through 2026 General Session

Utah Code § 75A-1-208: Checks drawn in name of a principal.

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Where this section sits in the code
  1. Title 75A Fiduciaries
  2. Chapter 75A-1 Fiduciaries
  3. Part 75A-1-2 Payments and Deposits by Fiduciaries

(1) If a fiduciary draws a check upon the account of the fiduciary's principal in a bank that is authorized to draw checks upon the principal's account and the bank is authorized to pay the check, the bank is not liable to the principal unless:

(a) the bank pays the check with actual knowledge that the fiduciary is committing a breach of the fiduciary's obligation in drawing the check; or

(b) the bank knows that paying the check amounts to bad faith.

(2) Notwithstanding Subsection (1), the bank is liable to a principal if:

(a) the principal's fiduciary deposits a check in the name of the principal as payment to the bank for payment of, or as security for, a personal debt of the fiduciary; and

(b) the fiduciary commits a breach of the fiduciary's obligation in drawing or delivering the check to the bank.

Collected 2026-09-03T11:34:34Z. Source file · JSON

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