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Session Laws, 1996
Volume 794, Page 1229   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 91

(1)     "ACCEPTOR" MEANS A DRAWEE WHO HAS ACCEPTED A DRAFT.

(2)     "DRAWEE" MEANS A PERSON ORDERED IN A DRAFT TO MAKE
PAYMENT.

(3)     "DRAWER" MEANS A PERSON WHO SIGNS OR IS IDENTIFIED IN A
DRAFT AS A PERSON ORDERING PAYMENT.

(4)     "GOOD FAITH" MEANS HONESTY IN FACT AND THE OBSERVANCE OF
REASONABLE COMMERCIAL STANDARDS OF FAIR DEALING.

(5)     "MAKER" MEANS A PERSON WHO SIGNS OR IS IDENTIFIED IN A NOTE
AS A PERSON UNDERTAKING TO PAY.

(6)     "ORDER" MEANS A WRITTEN INSTRUCTION TO PAY MONEY SIGNED
BY THE PERSON GIVING THE INSTRUCTION. THE INSTRUCTION MAY BE ADDRESSED
TO ANY PERSON, INCLUDING THE PERSON GIVING THE INSTRUCTION, OR TO ONE
OR MORE PERSONS JOINTLY OR IN THE ALTERNATIVE BUT NOT IN SUCCESSION. AN
AUTHORIZATION TO PAY IS NOT AN ORDER UNLESS THE PERSON AUTHORIZED TO
PAY IS ALSO INSTRUCTED TO PAY.

(7)     "ORDINARY CARE" IN THE CASE OF A PERSON ENGAGED IN
BUSINESS MEANS OBSERVANCE OF REASONABLE COMMERCIAL STANDARDS,
PREVAILING IN THE AREA IN WHICH THE PERSON IS LOCATED, WITH RESPECT TO
THE BUSINESS IN WHICH THE PERSON IS ENGAGED. IN THE CASE OF A BANK THAT
TAKES AN INSTRUMENT FOR PROCESSING FOR COLLECTION OR PAYMENT BY
AUTOMATED MEANS, REASONABLE COMMERCIAL STANDARDS DO NOT REQUIRE
THE BANK TO EXAMINE THE INSTRUMENT IF THE FAILURE TO EXAMINE DOES NOT
VIOLATE THE BANK'S PRESCRIBED PROCEDURES AND THE BANK'S PROCEDURES DO
NOT VARY UNREASONABLY FROM GENERAL BANKING USAGE NOT DISAPPROVED
BY THIS TITLE OR TITLE 4.

(8)     "PARTY' MEANS A PARTY TO AN INSTRUMENT.

(9)     "PROMISE" MEANS A WRITTEN UNDERTAKING TO PAY MONEY
SIGNED BY THE PERSON UNDERTAKING TO PAY. AN ACKNOWLEDGMENT OF AN
OBLIGATION BY THE OBLIGOR IS NOT A PROMISE UNLESS THE OBLIGOR ALSO
UNDERTAKES TO PAY THE OBLIGATION.

(10)    "PROVE" WITH RESPECT TO A FACT MEANS TO MEET THE BURDEN
OF ESTABLISHING THE FACT (§ 1-201(8)).

(11)    "REMITTER" MEANS A PERSON WHO PURCHASES AN INSTRUMENT
FROM ITS ISSUER IF THE INSTRUMENT IS PAYABLE TO AN IDENTIFIED PERSON
OTHER THAN THE PURCHASER.

(B) OTHER DEFINITIONS APPLYING TO THIS TITLE AND THE SECTIONS IN
WHICH THEY APPEAR ARE:

"ACCEPTANCE"                                                                                           § 3-409

"ACCOMMODATED PARTY"                                                                        § 3-419

"ACCOMMODATION PARTY"                                                                       § 3-419

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Session Laws, 1996
Volume 794, Page 1229   View pdf image
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