Mont. Code Ann. » TITLE 30. TRADE AND COMMERCE · CHAPTER 3. UNIFORM COMMERCIAL CODE NEGOTIABLE INSTRUMENTS · Part 2. Transfer and Negotiation
Montana Code Annotated

Mont. Code Ann. § 30-3-210 (2026)

Rights Acquired By Transfer

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 30
  3. CHAPTER 3
  4. Part 2
  5. 30-3-210 Rights acquired by transfer

TITLE 30. TRADE AND COMMERCE

CHAPTER 3. UNIFORM COMMERCIAL CODE NEGOTIABLE INSTRUMENTS

Part 2. Transfer and Negotiation

Rights Acquired By Transfer

30-3-210. Rights acquired by transfer. (1) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.

(2) Transfer of an instrument, regardless of whether the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee may not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the purchaser engaged in fraud or illegality affecting the instrument.

(3) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made.

(4) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this chapter and has only the rights of a partial assignee.

History: En. Sec. 109, Ch. 410, L. 1991.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2026–2026 · leading case: Est. of B. Haler, 2026 MT 111 (Mont. 2026).
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Est. of B. Haler, 2026 MT 111 (Mont. 2026). · cites it 15× “4 ¶9 The District Court also concluded that the cashier’s check was a negotiable instrument under § 30-3-104(7), MCA; that Bradley left it in the home and thereby “constructively delivered” it to Rebecca under § 30-3-210(1), MCA; and that Rebecca was the “holder” and thus a…”
— Mont. Code Ann. § 30-3-210(1) — 1 case
Est. of B. Haler, 2026 MT 111 (Mont. 2026). “4 ¶9 The District Court also concluded that the cashier’s check was a negotiable instrument under § 30-3-104(7), MCA; that Bradley left it in the home and thereby “constructively delivered” it to Rebecca under § 30-3-210(1), MCA; and that Rebecca was the “holder” and thus a…”
— Mont. Code Ann. § 30-3-210(3) — 1 case
Est. of B. Haler, 2026 MT 111 (Mont. 2026). “4 ¶9 The District Court also concluded that the cashier’s check was a negotiable instrument under § 30-3-104(7), MCA; that Bradley left it in the home and thereby “constructively delivered” it to Rebecca under § 30-3-210(1), MCA; and that Rebecca was the “holder” and thus a…”
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