MyLRC +
HB 1072 to revise certain provisions of the Uniform...

State of South Dakota  
SEVENTY-SECOND  SESSION
LEGISLATIVE ASSEMBLY,  1997
 

772A0551  
HOUSE BILL   NO.     1072  

        Introduced by:  Representative Hunt and Senator Whiting  

         FOR AN ACT ENTITLED, An Act  to revise certain provisions of the Uniform Commercial Code relating to nonnegotiable instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That subsection (I) of § 57A-9-105 be amended to read as follows:
             (I)      "Instrument" means a negotiable instrument (defined in § 57A-3-104), or a certificated security (defined in §   57A-8-102) , a writing that would otherwise qualify as a certificate of deposit as defined in subsection (j) of §  57A-3-104 but for the fact that the writing contains a limitation on transfer, or any other writing which evidences a right to the payment of money and is not itself a security agreement or lease and is of a type which is in ordinary course of business transferred by delivery with any necessary endorsement or assignment;
     Section  2.  That subsection (d) of § 57A-3-110 be amended to read as follows:
     (d)  If an instrument is payable to two 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 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 or more persons is ambiguous as to whether it is payable to the persons alternatively, the instrument is payable to the persons alternatively. For the purposes of this subsection, the term, instrument, includes a writing that would otherwise qualify as a certificate of deposit but for the fact that the writing contains a limitation on transfer.