Utah Code

Utah Code § 70A-3-301 (2026)

Person entitled to enforce instrument

✓ current as of May 2026
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"Person entitled to enforce" an instrument means the holder of the instrument, a nonholder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section

70A-3-309

or Subsection

70A-3-418(4)

. A person may be a person entitled to enforce the instrument even though he is not the owner of the instrument or is in wrongful possession of the instrument.

Repealed and Re-enacted by Chapter 237, 1993 General Session

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1989–2026 · leading case: Glew v. Ohio Sav. Bank, 2007 UT 56, 181 P.3d 791.
Glew v. Ohio Sav. Bank, 2007 UT 56, 181 P.3d 791. · cites it 2× “Utah Code section 70A-3-301 (1998) provides: "Person entitled to enforce" an instrument means the holder of the instrument, a nonholder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce the…”
Seftel v. Capital City Bank, 767 P.2d 941 (Utah Ct. App. 1989). · cites it 2× “Capital argued the guaranties were enforceable, thus, they were entitled to judgment as a matter of law because, (1) pursuant to Utah Code Ann. § 70A-3-301 (1978), as holder of the guaranties, Capital was entitled to enforce them, (2) guarantors by prior judicial admissions were…”
Cache Valley Bank v. JPMorgan Chase Bank, N.A., No. 1:25-cv-00148 (D. Utah Mar. 24, 2026). · cites it 2× “§ 70A-3-301. 38 Id. § 70A-3-201(1). 39 Id.”
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