Oregon Revised Statutes Chapter 73 § 73.0110 — Identification of person to whom instrument is payable
Oregon Revised Statutes Chapter 73 ·
Oregon Code § 73.0110·Enacted ·Last updated March 01, 2026
Statute Text
Identification of person to whom instrument is payable.
(1) The person to whom an
instrument is initially payable is determined by the intent of the person,
whether or not authorized, signing as, or in the name or behalf of, the issuer
of the instrument. The instrument is payable to the person intended by the
signer even if that person is identified in the instrument by a name or other
identification that is not that of the intended person. If more than one person
signs in the name or behalf of the issuer of an instrument and all the signers
do not intend the same person as payee, the instrument is payable to any person
intended by one or more of the signers.
(2) If the
signature of the issuer of an instrument is made by automated means, such as a
check-writing machine, the payee of the instrument is determined by the intent
of the person who supplied the name or identification of the payee, whether or
not authorized to do so.
(3) A person to
whom an instrument is payable may be identified in any way, including by name,
identifying number, office or account number. For the purpose of determining
the holder of an instrument, the following rules apply:
(a) If an
instrument is payable to an account and the account is identified only by
number, the instrument is payable to the person to whom the account is payable.
If an instrument is payable to an account identified by number and by the name
of the person, the instrument is payable to the named person, whether or not
that person is the owner of the account identified by number.
(b) If an
instrument is payable to:
(A) A trust, and
estate, or a person described as trustee or representative of a trust or
estate, the instrument is payable to the trustee, the representative, or a
successor of either, whether or not the beneficiary or estate is also named;
(B) A person
described as an agent or similar representative of a named or identified
person, the instrument is payable to the represented person, the
representative, or a successor of the representative;
(C) A fund or
organization that is not a legal entity, the instrument is payable to a
representative of the members of the fund or organization; or
(D) An office or
to a person described as holding an office, the instrument is payable to the
named person, the incumbent of the office, or a successor to the incumbent.
(4) If an
instrument is payable to two or more persons alternatively, it is payable to
any of them and may be negotiated, discharged or enforced by any or all of them
in possession of the instrument. If an instrument is payable to two or more
persons not alternatively, it is payable to all of them and may be negotiated,
discharged or enforced only by all of them. If an instrument payable to two or
more persons is ambiguous as to whether it is payable to the persons
alternatively, the instrument is payable to the persons alternatively. [1993
c.545 §13]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 73.0110
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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