Montana Code 30-3-407. Alteration
30-3-407. Alteration. (1) “Alteration” means:
Terms Used In Montana Code 30-3-407
- Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Montana Code 30-3-102
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Party: means party to an instrument. See Montana Code 30-3-102
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(a)an unauthorized change in an instrument that purports to modify in any respect the obligation of a party to the instrument; or
(b)an unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of any party to the instrument.
(2)Except as provided in subsection (3), an alteration fraudulently made discharges any party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges any party, and the instrument may be enforced according to its original terms.
(3)A person paying a fraudulently altered instrument or taking it for value in good faith and without notice of the alteration may enforce rights with respect to the instrument:
(a)according to its original terms; or
(b)in the case of an incomplete instrument altered by unauthorized completion, according to its terms as completed.