2010 Georgia Code
TITLE 11 - COMMERCIAL CODE
ARTICLE 3 - NEGOTIABLE INSTRUMENTS
PART 1 - GENERAL PROVISIONS AND DEFINITIONS
§ 11-3-103 - Definitions
O.C.G.A.
11-3-103 (2010)
11-3-103. Definitions
(a) In this article:
(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 article or Article 4 of this title.
(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 as "burden of establishing" is defined in subsection (8) of Code Section
11-1-201.
(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 article and the Code sections in which they appear are:
"Acceptance." Code Section
11-3-409.
"Accommodated party." Code Section
11-3-419.
"Accommodation party." Code Section
11-3-419.
"Alteration." Code Section
11-3-407.
"Anomalous indorsement." Code Section
11-3-205.
"Blank indorsement." Code Section
11-3-205.
"Cashier's check." Code Section
11-3-104.
"Certificate of deposit." Code Section
11-3-104.
"Certified check." Code Section
11-3-409.
"Check." Code Section
11-3-104.
"Consideration." Code Section
11-3-303.
"Draft." Code Section
11-3-104.
"Holder in due course." Code Section
11-3-302.
"Incomplete instrument." Code Section
11-3-115.
"Indorsement." Code Section
11-3-204.
"Indorser." Code Section
11-3-204.
"Instrument." Code Section
11-3-104.
"Issue." Code Section
11-3-105.
"Issuer." Code Section
11-3-105.
"Negotiable instrument." Code Section
11-3-104.
"Negotiation." Code Section
11-3-201.
"Note." Code Section
11-3-104.
"Payable at a definite time." Code Section
11-3-108.
"Payable on demand." Code Section
11-3-108.
"Payable to bearer." Code Section
11-3-109.
"Payable to order." Code Section
11-3-109.
"Payment." Code Section
11-3-602.
"Person entitled to enforce." Code Section
11-3-301.
"Presentment." Code Section
11-3-501.
"Reacquisition." Code Section
11-3-207.
"Special indorsement." Code Section
11-3-205.
"Teller's check." Code Section
11-3-104.
"Transfer of instrument." Code Section
11-3-203.
"Traveler's check." Code Section
11-3-104.
"Value." Code Section
11-3-303.
(c) The following definitions in other articles apply to this article:
"Bank." Code Section
11-4-105.
"Banking day." Code Section
11-4-104.
"Clearing house." Code Section
11-4-104.
"Collecting bank." Code Section
11-4-105.
"Depositary bank." Code Section
11-4-105.
"Documentary draft." Code Section
11-4-104.
"Intermediary bank." Code Section
11-4-105.
"Item." Code Section
11-4-104.
"Payor bank." Code Section
11-4-105.
"Suspends payments." Code Section
11-4-104.
(d) In addition, Article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article.
Graham Syfert - Jacksonville Lawyer 
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