Nev. Rev. Stat. § 104.3103

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 104.3103 - Definitions

1. In this Article:

(a) "Acceptor" means a drawee who has accepted a draft.

(b) "Drawee" means a person ordered in a draft to make payment.

(c) "Drawer" means a person who signs or is identified in a draft as a person ordering payment.

(d) "Maker" means a person who signs or is identified in a note as a person undertaking to pay.

(e) "Order" means a written instruction to pay money signed by the person giving the instruction. The instruction may be addressed to any person, including the person giving the instruction, or to one or more persons jointly or in the alternative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay.

(f) "Ordinary care" in the case of a person engaged in business means observance of reasonable commercial standards, prevailing in the area in which the person is located, with respect to the business in which the person is engaged. In the case of a bank that takes an instrument for processing for collection or payment by automated means, reasonable commercial standards do not require the bank to examine the instrument if the failure to examine does not violate its prescribed procedures and its procedures do not vary unreasonably from general banking usage not disapproved by this Article or Article 4.

(g) "Party" means a party to an instrument.

(h) "Promise" means a written undertaking to pay money signed by the person undertaking to pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation.

(i) "Prove" with respect to a fact means to meet the burden of establishing the fact (paragraph (h) of subsection 2 of NRS 104.1201).

(j) "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.

(k) "Remitter" means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser.

(l) "Remotely-created item" means an item drawn on an account, which is not created by the payor bank and does not bear a signature purporting to be the signature of the drawer.

2. Other definitions applying to this Article and the sections in which they appear are:

"Acceptance."NRS 104.3409.

"Accommodated party."NRS 104.3419.

"Accommodation party."NRS 104.3419.

"Account."NRS 104.4104.

"Alteration."NRS 104.3407.

"Anomalous endorsement."NRS 104.3205.

"Blank endorsement."NRS 104.3205.

"Cashier's check."NRS 104.3104.

"Certificate of deposit."NRS 104.3104.

"Certified check."NRS 104.3409.

"Check."NRS 104.3104.

"Consideration."NRS 104.3303.

"Draft."NRS 104.3104.

"Endorsement."NRS 104.3204.

"Endorser."NRS 104.3204.

"Holder in due course."NRS 104.3302.

"Incomplete instrument."NRS 104.3115.

"Instrument."NRS 104.3104.

"Issue."NRS 104.3105.

"Issuer."NRS 104.3105.

"Negotiable instrument."NRS 104.3104.

"Negotiation."NRS 104.3201.

"Note."NRS 104.3104.

"Payable at a definite time."NRS 104.3108.

"Payable on demand."NRS 104.3108.

"Payable to bearer."NRS 104.3109.

"Payable to order."NRS 104.3109.

"Payment."NRS 104.3602.

"Person entitled to enforce."NRS 104.3301.

"Presentment."NRS 104.3501.

"Reacquisition."NRS 104.3207.

"Special endorsement."NRS 104.3205.

"Teller's check."NRS 104.3104.

"Transfer of instrument."NRS 104.3203.

"Traveler's check."NRS 104.3104.

"Value."NRS 104.3303.

3. The following definitions in other Articles apply to this Article:

"Bank."NRS 104.4105.

"Banking day."NRS 104.4104.

"Clearinghouse."NRS 104.4104.

"Collecting bank."NRS 104.4105.

"Customer."NRS 104.4104.

"Depositary bank."NRS 104.4105.

"Documentary draft."NRS 104.4104.

"Intermediary bank."NRS 104.4105.

"Item."NRS 104.4104.

"Payor bank."NRS 104.4105.

"Suspends payments."NRS 104.4104.

4. In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.

NRS 104.3103

Added to NRS by 1965, 817; A 1993, 1255; 2005, 853, 1995