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HomeCommercial CodeDiv. 3Ch. 1§ 3109 Bearer And Order Payments

§ 3109 Bearer And Order Payments

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 3109 Bearer And Order Payments

Key Takeaways

  • •If a check or promise to pay says 'pay to the person holding this' or doesn't name a person, anyone with it can get the money.
  • •If a check names a specific person (like 'pay to John'), only John or someone he chooses can get the money.
  • •A check that starts as 'pay to anyone' can later be changed to pay only one person if signed the right way.
  • •A check that starts as 'pay to one person' can later be changed to 'pay to anyone' if signed the right way.

Example

You find a check on the ground that says 'Pay to the holder of this check'.

You can take that check to the bank and get the money because it doesn't name a specific person—it’s payable to whoever has it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3109 Bearer And Order Payments

(a) A promise or order is payable to bearer if it is any of the following: (1) States that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment. (2) Does not state a payee. (3) States that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person. (b) A promise or order that is not payable to bearer is payable to order if it is payable (1) to the order of an identified person or (2) to an identified person or order. A promise or order that is payable to order is payable to the identified person. (c) An instrument payable to bearer may become payable to an identified person if it is specially indorsed pursuant to subdivision (a) of Section 3205. An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to subdivision (b) of Section 3205. (Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)

Last verified: January 23, 2026

Key Terms

bearerpayable to orderidentified personindorsed in blankspecially indorsed

Related Statutes

  • § 7104 Negotiable Documents Of Title
  • § 10101 Uniform Commercial Code Leases
  • § 10102 Hybrid Lease Application
  • § 10103 Buyer In Ordinary Course Definition
  • § 10104 Lease Title And Consumer Law

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 3109.
View Official Source