Alaska Statutes
Alaska Stat. § 45.03.302 (2026)
Holder in due course
✓ current as of July 2026
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Sec. 45.03.302. Holder in due course.
(a) Subject to (c) of this section and AS 45.03.106(d), “holder in due course” means the holder of an instrument, if
(1) the instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and
(2) the holder took the instrument
(A) for value;
(B) in good faith;
(C) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series;
(D) without notice that the instrument contains an unauthorized signature or has been altered;
(E) without notice of any claim to the instrument described in AS 45.03.306; and
(F) without notice that any party has a defense or claim in recoupment described in AS 45.03.305(a).
(b) Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under (a) of this section, but discharge is effective against a person who became a holder in due course with notice of the discharge. Public filing or recording of a document does not of itself constitute notice of a defense, claim in recoupment, or claim to the instrument.
(c) Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken by legal process or by purchase in an execution, bankruptcy, or creditor's sale or similar proceeding, by purchase as part of a bulk transaction not in the ordinary course of business of the transferor, or as the successor in interest to an estate or other organization.
(d) If, under AS 45.03.303(a)(1), the promise of performance that is the consideration for an instrument has been partially performed, the holder may assert rights as a holder in due course of the instrument only to the fraction of the amount payable under the instrument equal to the value of the partial performance divided by the value of the promised performance.
(e) If the person entitled to enforce an instrument has only a security interest in the instrument and the person obliged to pay the instrument has a defense, claim in recoupment, or claim to the instrument that may be asserted against the person who granted the security interest, the person entitled to enforce the instrument may assert rights as a holder in due course only to an amount payable under the instrument that, at the time of enforcement of the instrument, does not exceed the amount of the unpaid obligation secured.
(f) To be effective, notice must be received at a time and in a manner that gives a reasonable opportunity to act on it.
(g) This section is subject to any law limiting status as a holder in due course in particular classes of transactions.
(a) Subject to (c) of this section and AS 45.03.106(d), “holder in due course” means the holder of an instrument, if
(1) the instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and
(2) the holder took the instrument
(A) for value;
(B) in good faith;
(C) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series;
(D) without notice that the instrument contains an unauthorized signature or has been altered;
(E) without notice of any claim to the instrument described in AS 45.03.306; and
(F) without notice that any party has a defense or claim in recoupment described in AS 45.03.305(a).
(b) Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under (a) of this section, but discharge is effective against a person who became a holder in due course with notice of the discharge. Public filing or recording of a document does not of itself constitute notice of a defense, claim in recoupment, or claim to the instrument.
(c) Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken by legal process or by purchase in an execution, bankruptcy, or creditor's sale or similar proceeding, by purchase as part of a bulk transaction not in the ordinary course of business of the transferor, or as the successor in interest to an estate or other organization.
(d) If, under AS 45.03.303(a)(1), the promise of performance that is the consideration for an instrument has been partially performed, the holder may assert rights as a holder in due course of the instrument only to the fraction of the amount payable under the instrument equal to the value of the partial performance divided by the value of the promised performance.
(e) If the person entitled to enforce an instrument has only a security interest in the instrument and the person obliged to pay the instrument has a defense, claim in recoupment, or claim to the instrument that may be asserted against the person who granted the security interest, the person entitled to enforce the instrument may assert rights as a holder in due course only to an amount payable under the instrument that, at the time of enforcement of the instrument, does not exceed the amount of the unpaid obligation secured.
(f) To be effective, notice must be received at a time and in a manner that gives a reasonable opportunity to act on it.
(g) This section is subject to any law limiting status as a holder in due course in particular classes of transactions.
Notes of Decisions
Cited in 2
cases, 1992–2011 · leading case: Erkins v. Alaska Tr., LLC, 265 P.3d 292 (Alaska 2011).
Erkins v. Alaska Tr., LLC, 265 P.3d 292 (Alaska 2011). “§ 3-302 (2002) (codified in Alaska at AS 45.03.302) and U.C.C. § 3-305 (2002) (codified in Alaska at AS 45.”
Nat'l Bank of Alaska v. Univentures 1231, 824 P.2d 1377 (Alaska 1992). “NBA moved for summary judgment claiming that it is a holder in due course under AS 45.03.302(a). NBA argued that the warrant is a negotiable instrument and that it paid the warrant in good faith, without knowledge of facts which would indicate the instrument may not be payable…”
— Alaska Stat. § 45.03.302(a) — 1 case
Nat'l Bank of Alaska v. Univentures 1231, 824 P.2d 1377 (Alaska 1992). “NBA moved for summary judgment claiming that it is a holder in due course under AS 45.03.302(a). NBA argued that the warrant is a negotiable instrument and that it paid the warrant in good faith, without knowledge of facts which would indicate the instrument may not be payable…”
— Alaska Stat. § 45.03.302(a)(2)(C) — 1 case
Erkins v. Alaska Tr., LLC, 265 P.3d 292 (Alaska 2011). “§ 3-302 (2002) (codified in Alaska at AS 45.03.302) and U.C.C. § 3-305 (2002) (codified in Alaska at AS 45.”
— Alaska Stat. § 45.03.302(a)(2)(F) — 1 case
Erkins v. Alaska Tr., LLC, 265 P.3d 292 (Alaska 2011). “§ 3-302 (2002) (codified in Alaska at AS 45.03.302) and U.C.C. § 3-305 (2002) (codified in Alaska at AS 45.”
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