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:
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.