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HomeCommercial CodeDiv. 3Ch. 1§ 3110 Determination Of Instrument Payee

§ 3110 Determination Of Instrument Payee

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 3110 Determination Of Instrument Payee

Key Takeaways

  • •The person who gets the money from a check or payment is whoever the signer meant to pay, even if the name on it is wrong.
  • •If a machine signs the check, the person who told the machine who to pay decides who gets the money.
  • •If a check is made out to a group or a role (like 'manager'), the person in that role or their replacement can cash it.
  • •If a check is written to multiple people with 'or,' any of them can cash it. If it's written with 'and,' all must agree to cash it.

Example

Your boss writes a check to 'John' but means to pay you (Jane) instead. The check is actually for you, even though it says 'John'.

The law says the check goes to whoever the signer intended, even if the name is wrong. So you can cash it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3110 Determination Of Instrument Payee

(a) The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or in the name or behalf of, the issuer of the instrument. The instrument is payable to the person intended by the signer even if that person is identified in the instrument by a name or other identification that is not that of the intended person. If more than one person signs in the name or behalf of the issuer of an instrument and all the signers do not intend the same person as payee, the instrument is payable to any person intended by one or more of the signers. (b) If the signature of the issuer of an instrument is made by automated means, such as a check-writing machine, the payee of the instrument is determined by the intent of the person who supplied the name or identification of the payee, whether or not authorized to do so. (c) A person to whom an instrument is payable may be identified in any way, including by name, identifying number, office, or account number. For the purpose of determining the holder of an instrument, the following rules apply: (1) If an instrument is payable to an account and the account is identified only by number, the instrument is payable to the person to whom the account is payable. If an instrument is payable to an account identified by number and by the name of a person, the instrument is payable to the named person, whether or not that person is the owner of the account identified by number. (2) If an instrument is payable to: (A) A trust, an estate, or a person described as trustee or representative of a trust or estate, the instrument is payable to the trustee, the representative, or a successor of either, whether or not the beneficiary or estate is also named. (B) A person described as agent or similar representative of a named or identified person, the instrument is payable to the represented person, the representative, or a successor of the representative. (C) A fund or organization that is not a legal entity, the instrument is payable to a representative of the members of the fund or organization. (D) An office or to a person described as holding an office, the instrument is payable to the named person, the incumbent of the office, or a successor to the incumbent. (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. (Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)

Last verified: January 23, 2026

Key Terms

instrumentpayeesignerintentautomated means

Related Statutes

  • § 3111 Place Of Payment Determination
  • § 3112 Interest On Instruments
  • § 3117 Separate Agreement Modification
  • § 10101 Uniform Commercial Code Leases
  • § 10102 Hybrid Lease Application

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 3110.
View Official Source