La. Rev. Stat. § 10:3-201
PART 2. NEGOTIATION, TRANSFER, AND INDORSEMENT
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PART 2. NEGOTIATION, TRANSFER, AND INDORSEMENT
§3-201. Negotiation
(a) "Negotiation" means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.
(b) Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.
Acts 1992, No. 1133, §3, eff. July 1, 1993; Acts 1993, No. 948, §10, eff. Jan. 1, 1994.
Notes of Decisions
Cited in 31
cases (1 in the last 5 years), 1976–2022 · leading case: Succession of Walker
Succession of Walker (1988)
“R.S. 10:3-201 states: Transfer of an instrument vests in the transferee such rights as the transferor has therein .”
Succession of Jones (1987)
“The defendant responded by asserting that as the check was a negotiable instrument, then LSA-R.S. 10:3-201(4) [1] superseded any other legal requirements.”
Succession of Davis (1986)
“LSA-R.S. 10:3-201 addresses "Transfer: right to endorsement" and provides: (1) Transfer of an instrument vests in the transferee such rights as the transferor has therein, except that a transferee who has himself been a party to any fraud or illegality affecting the instrument…”
Matter of Executive Office Centers, Inc. (1988)
“…and may enforce against the maker all rights available under the instrument at the time of its transfer. La.R.S. § 10:3-201(1). 14. Commercial loan discounting facilitates commerce by providing a means óf raising capital through the sale of debt instruments at a…”
ASP Enterprises, Inc. v. Guillory (2009)
“…erred in granting [the Bank], as a mere transferee, any rights against ASP greater than its transferor had under La. R.S. 10:3-201(b); 3. If [the Bank] only succeeds to the rights of a criminal co-conspirator, the trial court erred in allowing [the Bank] to benefit from the…”
Fogg v. Fogg (1990)
“R.S. 10:3-201(4) provides in part: Donations inter vivos of negotiable instruments shall be governed by the provisions of this chapter, notwithstanding any other provision of the Louisiana Civil Code or any other law of this state relative to the form of donations inter vivos,…”
In Re Succession of Wagner (2008)
“R.S. 10:3-201 et seq.; Succession of Jackson, 537 So.”
Vidrine v. Carmouche (1982)
“R.S. 10:3-201 cited below). N.E. England Associates, Inc.”
Bridges v. Bridges (1997)
“R.S. 10:3-201 et. seq., as the transactions in question took place prior to 1994.”
In Re Succession of Franklin (2007)
“R.S. 10:3-201(4) directed that inter vivos donations of negotiable instruments were governed by Title 10 rather than any contrary provisions in the Civil Code.”
Block v. Bernard, Cassisa, Elliott & Davis (2005)
“…person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. La. R.S. 10:3-201(b). [9] See La. C.C. arts. 3421, 3429, and 3431. See also La. R.S. 10:3-306. [10] It is possible that La. R.S. 37:218 might be amended to codify…”
De Nunez v. Bartels (1998)
“R.S. 10:3-201 et seq., the Civil Code provisions requiring an authentic act notwithstanding.”
— La. Rev. Stat. § 10:3-201(1) — 3 cases
Matter of Executive Office Centers, Inc. (1988)
“…and may enforce against the maker all rights available under the instrument at the time of its transfer. La.R.S. § 10:3-201(1). 14. Commercial loan discounting facilitates commerce by providing a means óf raising capital through the sale of debt instruments at a…”
Succession of Walker (1988)
“R.S. 10:3-201 states: Transfer of an instrument vests in the transferee such rights as the transferor has therein .”
First Nat. Bank v. Carr (1990)
— La. Rev. Stat. § 10:3-201(4) — 14 cases
Succession of Jones (1987)
“The defendant responded by asserting that as the check was a negotiable instrument, then LSA-R.S. 10:3-201(4) [1] superseded any other legal requirements.”
Succession of Davis (1986)
“LSA-R.S. 10:3-201 addresses "Transfer: right to endorsement" and provides: (1) Transfer of an instrument vests in the transferee such rights as the transferor has therein, except that a transferee who has himself been a party to any fraud or illegality affecting the instrument…”
Fogg v. Fogg (1990)
“R.S. 10:3-201(4) provides in part: Donations inter vivos of negotiable instruments shall be governed by the provisions of this chapter, notwithstanding any other provision of the Louisiana Civil Code or any other law of this state relative to the form of donations inter vivos,…”
In Re Succession of Franklin (2007)
“R.S. 10:3-201(4) directed that inter vivos donations of negotiable instruments were governed by Title 10 rather than any contrary provisions in the Civil Code.”
Succession of Love (2016)
— La. Rev. Stat. § 10:3-201(b) — 3 cases
ASP Enterprises, Inc. v. Guillory (2009)
“…erred in granting [the Bank], as a mere transferee, any rights against ASP greater than its transferor had under La. R.S. 10:3-201(b); 3. If [the Bank] only succeeds to the rights of a criminal co-conspirator, the trial court erred in allowing [the Bank] to benefit from the…”
Block v. Bernard, Cassisa, Elliott & Davis (2005)
“…person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. La. R.S. 10:3-201(b). [9] See La. C.C. arts. 3421, 3429, and 3431. See also La. R.S. 10:3-306. [10] It is possible that La. R.S. 37:218 might be amended to codify…”
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