Ala. Code
Code of Alabama

Ala. Code § 7-3-105 (2026)

Issue of Instrument.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) “Issue” means:

(1) the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person; or

(2) if agreed by the payee, the first transmission by the drawer to the payee of an image of an item and information derived from the item that enables the depository bank to collect the item by transferring or presenting under federal law an electronic check.

(b) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.

(c) “Issuer” applies to issued and unissued instruments and means a maker or drawer of an instrument.

(Acts 1995, No. 95-668, p. 1381, §1; Act 2023-492, §1.)

Notes of Decisions
Cited in 3 cases, 1987–2012 · leading case: Strickland v. Kafko Mfg., Inc., 512 So. 2d 714 (Ala. 1987).
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Strickland v. Kafko Mfg., Inc., 512 So. 2d 714 (Ala. 1987). · cites it 4× “Code 1975, § 7-3-105, provides in pertinent part: "(1) A promise or order otherwise unconditional is not made conditional by the fact that the instrument: ".”
Southland Health Servs., Inc. v. Bank of Vernon, 887 F. Supp. 2d 1158 (N.D. Ala. 2012). · cites it 2× “” § 7-3-105(a). Thus, the word “[ijssuer ..”
Willson v. MLA, Inc. (In Re Ascot Mortg., Inc.), 153 B.R. 1002 (Bankr. N.D. Ga. 1993). “3-105(l)(c); Ala. Code § 7-3-105 (l)(c). 11 . O.C.G.A.”
— Ala. Code § 7-3-105(1)(a) — 1 case
Strickland v. Kafko Mfg., Inc., 512 So. 2d 714 (Ala. 1987). “Code 1975, § 7-3-105, provides in pertinent part: "(1) A promise or order otherwise unconditional is not made conditional by the fact that the instrument: ".”
— Ala. Code § 7-3-105(1)(b) — 1 case
Strickland v. Kafko Mfg., Inc., 512 So. 2d 714 (Ala. 1987). “Code 1975, § 7-3-105, provides in pertinent part: "(1) A promise or order otherwise unconditional is not made conditional by the fact that the instrument: ".”
— Ala. Code § 7-3-105(a) — 1 case
Southland Health Servs., Inc. v. Bank of Vernon, 887 F. Supp. 2d 1158 (N.D. Ala. 2012). “” § 7-3-105(a). Thus, the word “[ijssuer ..”
— Ala. Code § 7-3-105(c) — 1 case
Southland Health Servs., Inc. v. Bank of Vernon, 887 F. Supp. 2d 1158 (N.D. Ala. 2012). “” § 7-3-105(a). Thus, the word “[ijssuer ..”
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