UNIFORM COMMERCIAL CODE
Act 174 of 1962
440.3205 Special endorsement; blank endorsement; conversion; “anomalous endorsement” defined.
Sec. 3205.
(1) If an endorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the endorsement identifies a person to whom it makes the instrument payable, it is a "special endorsement". When specially endorsed, an instrument becomes payable to the identified person and may be negotiated only by the endorsement of that person. The principles stated in section 3110 apply to special endorsements.
(2) If an endorsement is made by the holder of an instrument and it is not a special endorsement, it is a "blank endorsement". When endorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially endorsed.
(3) The holder may convert a blank endorsement that consists only of a signature into a special endorsement by writing, above the signature of the endorser, words identifying the person to whom the instrument is made payable.
(4) "Anomalous endorsement" means an endorsement made by a person who is not the holder of the instrument. An anomalous endorsement does not affect the manner in which the instrument may be negotiated.
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1993, Act 130, Eff. Sept. 30, 1993
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 1992–2024 · leading case:
McCann v. U.S. Bank, N.A., 873 F. Supp. 2d 823 (E.D. Mich. 2012).
McCann v. U.S. Bank, N.A., 873 F. Supp. 2d 823 (E.D. Mich. 2012).
· cites it 2× “A blank endorsement is not endorsed to an identified person.”
Michigan Ins. Repair Co. v. Mfrs. Nat'l Bank, 487 N.W.2d 517 (Mich. Ct. App. 1992).
· cites it 2× “Plaintiff further alleged that the negotiation and payment of the check by defendant bank to Ultimate Construction was in violation of a duty imposed on the bank by MCL 440.3205; MSA 19.3205; MCL 440.3206; MSA 19.”
United States v. Deutsche Bank Nat'l Trust Co. (W.D. Mich. 2021).
· cites it 6× “” Mich. Comp. Laws § 440.3205 . A special endorsement occurs when the endorser identifies a specific entity that may demand payment on the instrument.”
Altson v. Loancare (E.D. Mich. 2024).
· cites it 2× “) This argument, too, fails because Michigan law specifically allows that “[w]hen endorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially endorsed.”
in Re Est. of Ilko Podolak (Mich. Ct. App. 2017).
“And Mike’s argument is flatly contradicted by MCL 440.3205 (2), which provides that an endorsement that consists only of a signature is a “blank endorsement.”
in Re Est. of Ilko Podolak (Mich. Ct. App. 2017).
“And Mike’s argument is flatly contradicted by MCL 440.3205 (2), which provides that an endorsement that consists only of a signature is a “blank endorsement.”
— Mich. Comp. Laws § 440.3205(2) — 1 case
— Mich. Comp. Laws § 440.3205(c) — 1 case
Michigan Ins. Repair Co. v. Mfrs. Nat'l Bank, 487 N.W.2d 517 (Mich. Ct. App. 1992).
“Plaintiff further alleged that the negotiation and payment of the check by defendant bank to Ultimate Construction was in violation of a duty imposed on the bank by MCL 440.3205; MSA 19.3205; MCL 440.3206; MSA 19.”
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