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Session Laws, 1964
Volume 672, Page 381   View pdf image (33K)
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J. MILLARD TAWES, Governor                        381

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 3-105, 3-412, 4-207(3), 4-208(2), 6-103, 6-104(2) and
8-304(2) of Article 95B of the Annotated Code of Maryland (1963
Supplement), title "Uniform Commercial Code," subtitles respec-
tively, "Commercial Paper," "Bank Deposits and Collections," "Bulk
Transfers" and "Investment Securities," be and they are hereby
repealed and re-enacted, with amendments, to read as follows:

3-105.

(1)   A promise or order otherwise unconditional is not made
conditional by the fact that the instrument

(a)   Is subject to implied or constructive conditions; or

(b)   States its consideration, whether performed or promised, or
the transaction which gave rise to the instrument, or that the promise
or order is made or the instrument matures in accordance with or
"as per" such transaction; or

(c)   Refers to or states that it arises out of a separate agreement
or refers to a separate agreement for rights as to prepayment or
acceleration; or

(d)   States that it is drawn under a letter of credit; or

(e)   States that [is] it is secured, whether by mortgage, reserva-
tion of title or otherwise; or

(f)   Indicates a particular account to be debited or any other fund
or source from which reimbursement is expected; or

(g)   Is limited to payment out of a particular fund or the proceeds
of a particular source, if the instrument is issued by a government
or governmental agency or unit; or

(h) Is limited to payment out of the entire assets of a partnership,
unincorporated association, trust or estate by or on behalf of which
the instrument is issued.

(2)  A promise or order is not unconditional if the instrument

(a)   States that it is subject to or governed by any other agree-
ment; or

(b)   States that it is to be paid only out of a particular fund or
source except as provided in this section.

3-412.

(1)  Where the drawee's proffered acceptance in any manner varies
the draft as presented the holder may refuse the acceptance and
treat the [daft] draft as dishonored in which case the drawee is
entitled to have his acceptance cancelled.

(2)   The terms of the draft are not varied by an acceptance to
pay at any particular bank or place in the United States, unless the
acceptance states that the draft is to be paid only at such bank or
place.

(3)  Where the holder assents to an acceptance varying the terms
of the draft each drawer and indorser who does not affirmatively
assent is discharged.

 

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Session Laws, 1964
Volume 672, Page 381   View pdf image (33K)
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