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Ch. 26
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2002 LAWS OF MARYLAND
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Throughout this title the references to "issu[ing]" a check are substituted
for the former references to "uttering" a check, draft, or other negotiable
instrument for consistency with the Commercial Law Article and with
modern commercial practice. See, e.g., CL § 3-105.
The reference to issuing "with respect to" a check is added to clarify the
application of the defined term.
The reference to acquiring a right "as a result of the delivery" is
substituted for the former reference to acquiring a right "thereby" for
clarity.
The reference to the intent that "[the check] be delivered to a person who
on delivery would acquire a right assignable with respect to the check
drawer" is substituted for the former reference to intent that it be "so"
delivered for clarity.
Defined term: "Person" § 1-101
(F) OBTAIN.
"OBTAIN" HAS THE MEANING STATED IN § 7-101 OF THIS ARTICLE.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 140(e).
(G) PASS.
"PASS", WITH RESPECT TO A CHECK, MEANS DELIVERING THE CHECK BY A
PAYEE, HOLDER, OR BEARER OF THE CHECK, IF:
(1) THE CHECK WAS OR PURPORTS TO HAVE BEEN DRAWN AND ISSUED
BY A PERSON OTHER THAN THE PERSON DELIVERING THE CHECK; AND
(2) THE DELIVERY WAS MADE TO A THIRD PERSON WHO ACQUIRES A
RIGHT WITH RESPECT TO THE CHECK AS A RESULT OF THE DELIVERY OR FOR A
PURPOSE OTHER THAN COLLECTION.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 140(f).
This subsection is restated in standard language used to define a term.
The reference to passing "with respect to" a check is added to clarify the
application of the defined term.
The reference to "a person other than the person delivering the check" is
substituted for the former reference to "another" for clarity.
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The reference to delivery made to a third person who acquires a right "or"
for a purpose other than collection is added for clarity.
Defined term: "Person" § 1-101
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- 574 -
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