{"data":{"id":"us-ok/okla.-stat.-tit.-12a-12a-3-104","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12A, § 12A-3-104","heading":"Negotiable Instrument","body":"NEGOTIABLE INSTRUMENT\n\n(a) Except as provided in subsections (c) and (d) of this\n\nsection, \"negotiable instrument\" means an unconditional promise or\n\norder to pay a fixed amount of money, with or without interest or\n\nother charges described in the promise or order, if it:\n\n(1) is payable to bearer or to order at the time it is\n\nissued or first comes into possession of a holder;\n\n(2) is payable on demand or at a definite time; and\n\n(3) does not state any other undertaking or instruction by\n\nthe person promising or ordering payment to do any act\n\nin addition to the payment of money, but the promise\n\nor order may contain (i) an undertaking or power to\n\ngive, maintain, or protect collateral to secure\n\npayment, (ii) an authorization or power to the holder\n\nto confess judgment or realize on or dispose of\n\ncollateral, (iii) a waiver of the benefit of any law\n\nintended for the advantage or protection of an\n\nobligor, (iv) a term that specifies the law that\n\ngoverns the promise or order, or (v) an undertaking to\n\nresolve in a specified forum a dispute concerning the\n\npromise or order.\n\n(b) \"Instrument\" means a negotiable instrument.\n\n(c) An order that meets all of the requirements of subsection\n\n(a) of this section, except paragraph (1), and otherwise falls\n\nwithin the definition of \"check\" in subsection (f) of this section\n\nis a negotiable instrument and a check.\n\n(d) A promise or order other than a check is not an instrument\n\nif, at the time it is issued or first comes into possession of a\n\nholder, it contains a conspicuous statement, however expressed, to\n\nthe effect that the promise or order is not negotiable or is not an\n\ninstrument governed by this article.\n\n(e) An instrument is a \"note\" if it is a promise and is a\n\n\"draft\" if it is an order. If an instrument falls within the\n\ndefinition of both \"note\" and \"draft\", a person entitled to enforce\n\nthe instrument may treat it as either.\n\n(f) \"Check\" means (i) a draft, other than a documentary draft,\n\npayable on demand and drawn on a bank or (ii) a cashier's check or\n\nteller's check. An instrument may be a check even though it is\n\ndescribed on its face by another term, such as \"money order\".\n\n(g) \"Cashier's check\" means a draft with respect to which the\n\ndrawer and drawee are the same bank or branches of the same bank.\n\n(h) \"Teller's check\" means a draft drawn by a bank (i) on\n\nanother bank, or (ii) payable at or through a bank.\n\n(i) \"Traveler's check\" means an instrument that (i) is payable\n\non demand, (ii) is drawn on or payable at or through a bank, (iii)\n\nis designated by the term \"traveler's check\" or by a substantially\n\nsimilar term, and (iv) requires, as a condition to payment, a\n\ncountersignature by a person whose specimen signature appears on the\n\ninstrument.\n\n(j) \"Certificate of deposit\" means an instrument containing an\n\nacknowledgment by a bank that a sum of money has been received by\n\nthe bank and a promise by the bank to repay the sum of money. A\n\ncertificate of deposit is a note of the bank.","path":["OK Code","Title 12A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"eb320e6056d9ccd2eba771fc6e1b062d77b2c00eb6e818f670ba149df791ce3a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12a-12a-3-103","next":"us-ok/okla.-stat.-tit.-12a-12a-3-105"},"notice":"GroundRules: Original legal text. Not legal advice."}