§ 440.3101 Short title; article
§ 440.3102 Scope; limitations; conflict of laws
§ 440.3103 Definitions; principles of construction
§ 440.3104 Additional definitions
§ 440.3105 “Issue” and “issuer” defined; effect of unissued or conditionally issued instrument
§ 440.3106 Unconditional status of promise or order
§ 440.3107 Payment in foreign money
§ 440.3108 Instrument payable on demand, at definite time, or at fixed date
§ 440.3109 Promise or order; payable on demand; payable at definite time; instrument payable at fixed date
§ 440.3110 Determination of person payable; intent; signature by automated means; determining holder; instrument payable to 2 or more persons
§ 440.3111 Place of payment
§ 440.3112 Interest
§ 440.3113 Instrument antedated, postdated, or undated
§ 440.3114 Instrument; contradictory terms
§ 440.3115 Incomplete instrument; definition; enforcement; alteration; burden
§ 440.3116 Joint and several liability
§ 440.3117 Obligation modified, supplemented, or nullified by separate agreement
§ 440.3118 Action to enforce obligation; commencement; time period; other actions
§ 440.3119 Notice of litigation to answerable third party

Terms Used In Michigan Laws > Chapter 440 > Act 174 of 1962 > Article 3 > Part 1 - General Provisions and Definitions

  • Acceptor: means a drawee who has accepted a draft. See Michigan Laws 440.3103
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Bank: means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. See Michigan Laws 440.1201
  • Bearer: means a person in control of a negotiable electronic document of title or a person in possession of an instrument, a negotiable tangible document of title, or a certificated security payable to bearer or indorsed in blank. See Michigan Laws 440.1201
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Consumer: means an individual who enters into a transaction primarily for personal, family, or household purposes. See Michigan Laws 440.1201
  • Consumer account: means an account established by an individual primarily for personal, family, or household purposes. See Michigan Laws 440.3103
  • Contract: A legal written agreement that becomes binding when signed.
  • Delivery: means either of the following:
  (i) With respect to an electronic document of title, a voluntary transfer of control. See Michigan Laws 440.1201
  • Devise: To gift property by will.
  • Drawee: means a person ordered in a draft to make payment. See Michigan Laws 440.3103
  • Drawer: means a person who signs or is identified in a draft as a person ordering payment. See Michigan Laws 440.3103
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Holder: means any of the following:
  •   (i) A person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession. See Michigan Laws 440.1201
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Maker: means a person who signs or is identified in a note as a person undertaking to pay. See Michigan Laws 440.3103
  • Money: means a medium of exchange authorized or adopted by a domestic or foreign government. See Michigan Laws 440.1201
  • 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.
  • Order: means a written instruction to pay money signed by the person giving the instruction. See Michigan Laws 440.3103
  • Organization: means a person other than an individual. See Michigan Laws 440.1201
  • Party: means a party to an instrument. See Michigan Laws 440.3103
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Michigan Laws 440.1201
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Personal property: All property that is not real property.
  • Promise: means a written undertaking to pay money signed by the person undertaking to pay. See Michigan Laws 440.3103
  • Purchase: means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. See Michigan Laws 440.1201
  • Purchaser: means a person that takes by purchase. See Michigan Laws 440.1201
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 440.1201
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Representative: means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate. See Michigan Laws 440.1201
  • Right: includes remedy. See Michigan Laws 440.1201
  • Signed: includes any symbol executed or adopted by a party with present intention to adopt or accept a writing. See Michigan Laws 440.1201
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 440.1201
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Term: means a portion of an agreement that relates to a particular matter. See Michigan Laws 440.1201
  • Trustee: A person or institution holding and administering property in trust.
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • writing: includes printing, typewriting, or any other intentional reduction to tangible form. See Michigan Laws 440.1201