Utah Code

Utah Code § 70A-3-104 (2026)

Negotiable instrument

✓ current as of May 2026

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Except as provided in Subsections (3) and (4), "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:

is payable to bearer or to order at the time it is issued or first comes into possession of a holder;

is payable on demand or at a definite time; and

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:

an undertaking or power to give, maintain, or protect collateral to secure payment;

an authorization or power to the holder to confess judgment or realize on or dispose of collateral;

a waiver of the benefit of any law intended for the advantage or protection of an obligor;

a term that specifies the law that governs the promise or order; or

an undertaking to resolve in a specified forum a dispute concerning the promise or order.

"Instrument" means a negotiable instrument.

An order that meets all of the requirements of Subsection (1), except Subsection (1)(a), and otherwise falls within the definition of "check" in Subsection (6) is a negotiable instrument and a check.

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 chapter.

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.

"Check" means:

a draft, other than a documentary draft, payable on demand and drawn on a bank;

a cashier's check or teller's check; or

a demand draft.

An instrument may be a check even though it is described on its face by another term, such as "money order."

"Cashier's check" means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.

"Teller's check" means a draft drawn by a bank either on another bank, or payable at or through a bank.

"Traveler's check" means an instrument that:

is payable on demand;

is drawn on or payable at or through a bank;

is designated by the term "traveler's check" or by a substantially similar term; and

requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.

"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.

"Demand draft" means a writing not signed by a customer that is created by a third party under the purported authority of the customer for the purpose of charging the customer's account with a bank.

A demand draft:

shall contain the customer's account number;

may contain any or all of the following:

the customer's printed or typewritten name;

a notation that the customer authorized the draft; or

the statement "No Signature Required" or words to that effect; and

may not include a check purportedly drawn by and bearing the signature of a fiduciary, as defined in Section 70A-3-307.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1986–2022 · leading case: Carmichael v. Higginson, 2017 UT App 139 (Utah Ct. App. 2017).

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Carmichael v. Higginson, 2017 UT App 139 (Utah Ct. App. 2017). · cites it 9× “§ 70A-3-104 (defining “negotiable instrument”).”

Deleeuw v. Nationstar Mortg. LLC, 2018 UT App 59 (Utah Ct. App. 2018). · cites it 5× “§ 70A-3-104(1) (2009) (negotiable instrument); id.”

DeBry v. Cascade Enter., 879 P.2d 1353 (Utah 1994). · cites it 2× “Utah Code Ann. § 70A-3-104(1); Calfo v. D.”

Tronson v. Eagar, 2019 UT App 212 (Utah Ct. App. 2019). “§ 70A-3-104. Defendants contend that the Promissory Note was not an unconditional promise to pay, and they make two arguments in support of this contention.”

Hansen v. PT Bank Negara Indonesia (Persero), 706 F.3d 1244 (10th Cir. 2013). “902(9), (7), (5); Utah Code Ann. § 70A-3-104(l)). Again, Plaintiffs did not raise these arguments before the district court and have waived them.”

Phoenix Indem. Ins. Co. v. Est. of Bell, 896 P.2d 32 (Utah Ct. App. 1995). · cites it 2× “Utah Code Ann. § 70A-3-104(l), (6) (Supp.”

State v. Wallace, 2006 UT App 232 (Utah Ct. App. 2006). · cites it 5× “” Utah Code Ann. § 70A-3-104(6). 6 As discussed, the check delivered to Morris Murdock was payable on demand because it was predated and contained no express conditions to payment on its face.”

First Fed. Sav. & Loan Ass'n of Salt Lake City v. Gump & Ayers Real Est., Inc., 771 P.2d 1096 (Utah Ct. App. 1989). · cites it 2× “A promise or order, otherwise unconditional, does not become conditional simply because the instrument “refers to or states that it arises out of a separate agreement or refers to a separate agreement for rights as to prepayment or accel-eration_” Utah Code Ann. §…”

Calfo v. D.C. Stewart Co., 717 P.2d 697 (Utah 1986). “, 1953, § 70A-3-104 (Repl.Vol. 7B, 1980), an instrument must meet four criteria.”

Baer v. Myers (Bankr. D. Utah 2022). · cites it 2× “A “note” is defined in Utah Code Ann. § 70A-3-103(2)(w) by making reference to the definition of a “negotiable instrument” in Utah Code Ann.”

Jubber v. Sleater (In Re Bedrock Mktg., LLC), 404 B.R. 929 (Bankr. D. Utah 2009). · cites it 2× “Section 70A-3-104 of the Utah Code defines negotiable instruments as “(1) .”

First Sec. Bank of Utah, N.A. v. Aarian Dev. Corp., 738 P.2d 1019 (Utah 1987). “, 1953, § 70A-3-104 include drafts, checks, certificates of deposit, and notes.”

— Utah Code § 70A-3-104(1) — 3 cases

Deleeuw v. Nationstar Mortg. LLC, 2018 UT App 59 (Utah Ct. App. 2018). “§ 70A-3-104(1) (2009) (negotiable instrument); id.”

DeBry v. Cascade Enter., 879 P.2d 1353 (Utah 1994). “Utah Code Ann. § 70A-3-104(1); Calfo v. D.”

Baer v. Myers (Bankr. D. Utah 2022). “A “note” is defined in Utah Code Ann. § 70A-3-103(2)(w) by making reference to the definition of a “negotiable instrument” in Utah Code Ann.”

— Utah Code § 70A-3-104(5) — 1 case

Carmichael v. Higginson, 2017 UT App 139 (Utah Ct. App. 2017). “§ 70A-3-104 (defining “negotiable instrument”).”

— Utah Code § 70A-3-104(6) — 1 case

State v. Wallace, 2006 UT App 232 (Utah Ct. App. 2006). “” Utah Code Ann. § 70A-3-104(6). 6 As discussed, the check delivered to Morris Murdock was payable on demand because it was predated and contained no express conditions to payment on its face.”

— Utah Code § 70A-3-104(l) — 3 cases

Carmichael v. Higginson, 2017 UT App 139 (Utah Ct. App. 2017). “§ 70A-3-104 (defining “negotiable instrument”).”

Phoenix Indem. Ins. Co. v. Est. of Bell, 896 P.2d 32 (Utah Ct. App. 1995). “Utah Code Ann. § 70A-3-104(l), (6) (Supp.”

— Utah Code § 70A-3-104(l)(a) — 2 cases

Carmichael v. Higginson, 2017 UT App 139 (Utah Ct. App. 2017). “§ 70A-3-104 (defining “negotiable instrument”).”

First Fed. Sav. & Loan Ass'n of Salt Lake City v. Gump & Ayers Real Est., Inc., 771 P.2d 1096 (Utah Ct. App. 1989). “A promise or order, otherwise unconditional, does not become conditional simply because the instrument “refers to or states that it arises out of a separate agreement or refers to a separate agreement for rights as to prepayment or accel-eration_” Utah Code Ann. §…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.