New Jersey Statutes

N.J. Stat. § 3B:14-58 (2026)

Deposit in fiduciary's personal account; liability of bank receiving deposit and paying checks

✓ current as of May 2026

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3B:14-58. Deposit in fiduciary's personal account; liability of bank receiving deposit and paying checks.

a. If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary, or of checks drawn by him upon an account in the name of his principal, if he is empowered to draw thereon, or, except as provided in subsection b. of this section, if he otherwise makes a deposit of funds held by him as fiduciary, the bank receiving the deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligation as fiduciary. The bank is authorized to pay the amount of the deposit of any part thereof upon the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making the deposit or in drawing the check, or with knowledge of facts that its action in receiving the deposit of paying the check amounts to bad faith.

b. In the case of an instrument payable to the principal or the fiduciary as fiduciary, the bank has notice of the breach of fiduciary duty if the instrument is deposited to an account other than an account of the fiduciary, as fiduciary, or an account of the principal.

Amended 1995, c.28, s.11; 1996, c.134, s.2.

Notes of Decisions

Cited in 3 cases, 2005–2020 · leading case: Dr. Dominick A. Lembo v. Arlene Marchese (082930) (Passaic Cnty. & Statewide) (N.J. 2020).

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Dr. Dominick A. Lembo v. Arlene Marchese (082930) (Passaic Cnty. & Statewide) (N.J. 2020). · cites it 4× “3A:41-6 (repealed 1981); compare N.J.S.A. 3B:14-58, with N.J.S.A. 3A:41-7 (repealed 1981).”

Dr. Dominick a. Lembo Vs. Arlene Marchese (l-0453-15, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). · cites it 3× “Similarly, N.J.S.A. 3B:14-58(a) provides that a bank is liable under certain defined circumstances where a fiduciary A-4048-17T2 9 deposits a check in his or her personal account and the bank "receives the deposit or pays the check with actual knowledge that the fiduciary is…”

Mikrut v. First Bank of Oak Park (Ill. App. Ct. 2005). “The court also addressed the defendants' contention that they were protected by section 3B:14-58 of the Uniform Fiduciary's Law (N.J. Stat. Ann. § 3B:14-58 (West 1996)), New Jersey's version of section 9 of the Fiduciary Obligations Act.”

— N.J. Stat. § 3B:14-58(a) — 2 cases

Dr. Dominick a. Lembo Vs. Arlene Marchese (l-0453-15, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “Similarly, N.J.S.A. 3B:14-58(a) provides that a bank is liable under certain defined circumstances where a fiduciary A-4048-17T2 9 deposits a check in his or her personal account and the bank "receives the deposit or pays the check with actual knowledge that the fiduciary is…”

Dr. Dominick A. Lembo v. Arlene Marchese (082930) (Passaic Cnty. & Statewide) (N.J. 2020). “3A:41-6 (repealed 1981); compare N.J.S.A. 3B:14-58, with N.J.S.A. 3A:41-7 (repealed 1981).”

— N.J. Stat. § 3B:14-58(b) — 2 cases

Dr. Dominick A. Lembo v. Arlene Marchese (082930) (Passaic Cnty. & Statewide) (N.J. 2020). “3A:41-6 (repealed 1981); compare N.J.S.A. 3B:14-58, with N.J.S.A. 3A:41-7 (repealed 1981).”

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