Home  > For Small Business  > {More Business Law}  > Uniform Commercial Code  > Negotiable Instruments (UCC Article 3)  > South Dakota Laws 57A-3-115 - Incomplete instrument 
Search the South Dakota Codified Laws

South Dakota Laws 57A-3-115 - Incomplete instrument

South Dakota Laws > Title 57A > Chapter 3 > § 57A-3-115 - Incomplete instrument


Current as of: 2010

(a) "Incomplete instrument" means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete but that the signer intended it to be completed by the addition of words or numbers.
     (b) Subject to subsection (c), if an incomplete instrument is an instrument under § 57A-3-104, it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under § 57A-3-104, but, after completion, the requirements of § 57A-3-104 are met, the instrument may be enforced according to its terms as augmented by completion.
     (c) If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under § 57A-3-407.
     (d) The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority.

previous sectionChapter 3 Table of Contentsnext section
Previous sectionChapter 3 Table of ContentsNext section

________________________________________________________________________

Questions & Answers: Negotiable Instruments (UCC Article 3)

does this apply to real estate foreclosure and the promissoty note?...
how do you over come a person that is in wrongful possession of the note and is trying to enforce it( foreclosure) ...

South Dakota Laws: Negotiable Instruments (UCC Article 3)

South Dakota Laws > Title 57A > Chapter 3 - Negotiable Instruments
South Dakota Laws > Title 57A > Chapter 03A - Consumer Paper--Limitations On Negotiability
Comments (0)add comment

Post a comment or question below.
smaller | bigger

busy
 
Email  Email Print  Print   Digg

Peacock Myers, P.C.

201 Third Street NW, Suite 1340
Albuquerque, New Mexico 87102
Practice Areas: For Small Business, Intellectual Property
www.peacocklaw.com/
The Jaffe Law Firm
General Practice Law Firm

320 Gold Avenue SW, #1300
Albuquerque, New Mexico 87102
Practice Areas: Employment, Criminal Law, Family Law, For Small Business, Personal Injury
www.thejaffelawfirm.com/
Wolf & Fox, P.C.
Full Service Law Firm

1200 Pennsylvania NE
Albuquerque, New Mexico 87110
Practice Areas: Family Law
www.wolfandfoxpc.com/
monotone-frail