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Illinois Compiled Statutes

810 ILCS 5/3-104 (2026)

Negotiable instrument

✓ current as of May 2026
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(810 ILCS 5/3-104) (from Ch. 26, par. 3-104)
    Sec. 3-104. Negotiable instrument.
    (a) Except as provided in subsections (c) and (d), "negotiable instrument" means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:
        (1) is payable to bearer or to order at the time it
    
is issued or first comes into possession of a holder;
        (2) is payable on demand or at a definite time; and
        (3) does not state any other undertaking or
    
instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, (iii) a waiver of the benefit of any law intended for the advantage or protection of any obligor, (iv) a term that specifies the law that governs the promise or order, or (v) an undertaking to resolve in a specified forum a dispute concerning the promise or order.
    (b) "Instrument" means a negotiable instrument.
    (c) An order that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of "check" in subsection (f) is a negotiable instrument and a check.
    (d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article.
    (e) An instrument is a "note" if it is a promise and is a "draft" if it is an order. If an instrument falls within the definition of both "note" and "draft", a person entitled to enforce the instrument may treat it as either.
    (f) "Check" means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or (ii) a cashier's check or teller's check. An instrument may be a check even though it is described on its face by another term, such as "money order".
    (g) "Cashier's check" means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.
    (h) "Teller's check" means a draft drawn by a bank (i) on another bank, or (ii) payable at or through a bank.
    (i) "Traveler's check" means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term "traveler's check" or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.
    (j) "Certificate of deposit" means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.
(Source: P.A. 103-1036, eff. 1-1-25.)

    
Notes of Decisions
Cited in 16 cases (6 in the last 5 years), 2006–2025 · leading case: Bank of New York Mellon v. Rogers, 2016 IL App (2d) 150712 (Ill. App. Ct. 2016).
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Bank of New York Mellon v. Rogers, 2016 IL App (2d) 150712 (Ill. App. Ct. 2016). · cites it 4× “810 ILCS 5/3-104 (West 2010). ¶ 36 A note is a negotiable instrument as defined by section 3-104 of the UCC.”
Cole v. Davis, 2016 IL App (1st) 152716 (Ill. App. Ct. 2016). · cites it 4× “) 810 ILCS 5/3-104(a) (West 2000). ¶ 39 In turn, section 3-112(b) contains provisions on interest in negotiable instruments: “Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates.”
The Bank of New York Mellon v. Rogers, 2016 IL App (2d) 150712 (Ill. App. Ct. 2016). · cites it 5× “810 ILCS 5/3-104 (West 2010). ¶ 36 A note is a negotiable instrument as defined by section 3-104 of the UCC.”
United States Life Ins. v. Wilson, 18 A.3d 110 (Md. Ct. Spec. App. 2011). “See § 810 ILCS 5/3-104(c); accord, Md.Code (2002) § 3-104(c) of the Commercial Law Article (“CL”).”
BMO Bank N.A. v. Zbroszczyk, 2025 IL App (1st) 241333 (Ill. App. Ct. 2025). “See 810 ILCS 5/3-104 (West 2022). We observe that section 3-104 of the UCC discusses notes in the context of defining negotiable instruments.”
HSBC Bank USA v. Rowe, 2015 IL App (3d) 140553 (Ill. App. Ct. 2015). · cites it 2× “810 ILCS 5/3-104 (West 2010). A negotiable instrument is an unconditional promise to pay a fixed amount of money; it is "payable to bearer or to order at the time it is issued or first comes into possession of a holder.”
Dixon, Laukitis & Downing, P.C. v. Busey Bank, 2013 IL App (3d) 120832 (Ill. App. Ct. 2013). “He attested “[t]here was nothing on the face of this Check that gave any indication that it may not be genuine or that it may be dishonored”; the check complied with the requirements for a negotiable instrument under section 3-104 of the Uniform Commercial Code (UCC) (810 ILCS…”
Cole v. Davis, 2016 IL App (1st) 152716 (Ill. App. Ct. 2016). · cites it 4× “) 810 ILCS 5/3-104(a) (West 2000). ¶ 39 In turn, section 3-112(b) contains provisions on interest in negotiable instruments: “Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates.”
Pensco Trust Co. v. Urbanczyk, 2023 IL App (1st) 220488-U (Ill. App. Ct. 2023). “See 810 ILCS 5/3-104(a) (West 2012) (defining “negotiable instrument”).”
HSBC Bank USA v. Rowe, 2015 IL App (3d) 140553 (Ill. App. Ct. 2015). “810 ILCS 5/3-104 (West 2010). A negotiable instrument is an unconditional promise to pay a fixed amount of money; it is “payable to bearer or to order at the time it is issued or first comes into possession of a holder.”
State of North Dakota v. Prince, 2025 IL App (3d) 240514 (Ill. App. Ct. 2025). “See 810 ILCS 5/3-104(a) (West 2022). Second, the loans are not payable on demand or at a definite time.”
U.S. Bank Trust N.A. v. Winston, 2025 IL App (1st) 241237 (Ill. App. Ct. 2025). · cites it 2× “On March 4, 2016, Beneficial II responded that Derick’s motion deliberately omitted language from section 3-104 of the Uniform Commercial Code (UCC) (810 ILCS 5/3-104 (West 2014)) that allowed each of the undertakings that Derick asserted would destroy the negotiability of the…”
Show all 16 citing cases →
— 810 ILCS 5/3-104(a) — 7 cases
Bank of New York Mellon v. Rogers, 2016 IL App (2d) 150712 (Ill. App. Ct. 2016). “810 ILCS 5/3-104 (West 2010). ¶ 36 A note is a negotiable instrument as defined by section 3-104 of the UCC.”
Cole v. Davis, 2016 IL App (1st) 152716 (Ill. App. Ct. 2016). “) 810 ILCS 5/3-104(a) (West 2000). ¶ 39 In turn, section 3-112(b) contains provisions on interest in negotiable instruments: “Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates.”
The Bank of New York Mellon v. Rogers, 2016 IL App (2d) 150712 (Ill. App. Ct. 2016). “810 ILCS 5/3-104 (West 2010). ¶ 36 A note is a negotiable instrument as defined by section 3-104 of the UCC.”
Pensco Trust Co. v. Urbanczyk, 2023 IL App (1st) 220488-U (Ill. App. Ct. 2023). “See 810 ILCS 5/3-104(a) (West 2012) (defining “negotiable instrument”).”
Cole v. Davis, 2016 IL App (1st) 152716 (Ill. App. Ct. 2016). “) 810 ILCS 5/3-104(a) (West 2000). ¶ 39 In turn, section 3-112(b) contains provisions on interest in negotiable instruments: “Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates.”
— 810 ILCS 5/3-104(a)(1) — 3 cases
HSBC Bank USA v. Rowe, 2015 IL App (3d) 140553 (Ill. App. Ct. 2015). “810 ILCS 5/3-104 (West 2010). A negotiable instrument is an unconditional promise to pay a fixed amount of money; it is "payable to bearer or to order at the time it is issued or first comes into possession of a holder.”
The Bank of New York Mellon v. Rogers, 2016 IL App (2d) 150712 (Ill. App. Ct. 2016). “810 ILCS 5/3-104 (West 2010). ¶ 36 A note is a negotiable instrument as defined by section 3-104 of the UCC.”
U.S. Bank v. Phillips (Ill. App. Ct. 2006).
— 810 ILCS 5/3-104(b) — 1 case
Sears Hometown & Outlet Stores, Inc. v. Rise Residential Constr., LP (N.D. Ill. 2018).
— 810 ILCS 5/3-104(c) — 3 cases
United States Life Ins. v. Wilson, 18 A.3d 110 (Md. Ct. Spec. App. 2011). “See § 810 ILCS 5/3-104(c); accord, Md.Code (2002) § 3-104(c) of the Commercial Law Article (“CL”).”
Cole v. Davis, 2016 IL App (1st) 152716 (Ill. App. Ct. 2016). “) 810 ILCS 5/3-104(a) (West 2000). ¶ 39 In turn, section 3-112(b) contains provisions on interest in negotiable instruments: “Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates.”
Cole v. Davis, 2016 IL App (1st) 152716 (Ill. App. Ct. 2016). “) 810 ILCS 5/3-104(a) (West 2000). ¶ 39 In turn, section 3-112(b) contains provisions on interest in negotiable instruments: “Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates.”
— 810 ILCS 5/3-104(d) — 2 cases
Cole v. Davis, 2016 IL App (1st) 152716 (Ill. App. Ct. 2016). “) 810 ILCS 5/3-104(a) (West 2000). ¶ 39 In turn, section 3-112(b) contains provisions on interest in negotiable instruments: “Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates.”
Cole v. Davis, 2016 IL App (1st) 152716 (Ill. App. Ct. 2016). “) 810 ILCS 5/3-104(a) (West 2000). ¶ 39 In turn, section 3-112(b) contains provisions on interest in negotiable instruments: “Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates.”
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