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The Revised Article 3 of the UCC provides that a check which meets all requirements of being a negotiable instrument, except that it is not payable to bearer or order, is nevertheless a negotiable instrument.

A) True
B) False

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A __________ is a specialized form of promise to pay money given by a maker in which the bank is the maker.


A) note
B) certificate of deposit
C) trade acceptance
D) cashier's check

E) A) and B)
F) A) and C)

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Under the Check 21 Act:


A) banks must accept checks in electronic form.
B) banks are permitted to truncate original checks and process check information electronically.
C) banks must create substitute checks which are the legal equivalent of the original checks.
D) banks must keep the paper checks on file for 90 days.

E) C) and D)
F) B) and D)

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B

All but which one of the following is required of a negotiable instrument?


A) It must be payable only out of a particular fund.
B) It must contain an unconditional promise or order to pay a fixed amount in money.
C) It must be payable on demand or at a definite future date.
D) It must be in writing and signed by the maker or drawer.

E) A) and B)
F) A) and C)

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Which of the following would be an unconditional promise or order to pay?


A) "I hereby acknowledge my debt to John Jones."
B) "I hereby promise to pay $2,000 to John Jones provided the lawn tractor sold meets the contractual specifications."
C) "Pay to the order of bearer ten dollars."
D) "IOU fifty dollars."

E) A) and B)
F) C) and D)

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An incomplete instrument is not negotiable. However, when it is completed, it may become negotiable.

A) True
B) False

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Which article of the UCC governs "negotiable instruments"?


A) Article 6.
B) Article 2.
C) Article 3.
D) Article 9.

E) None of the above
F) A) and B)

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Revised Article 1 of the UCC states that the "money" requirement for a negotiable instrument means the current official currency of the government, not just a medium of exchange authorized or adopted by a sovereign government as part of its currency.

A) True
B) False

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Which of the following does not fulfill the requirements of being payable to bearer according to t he UCC?


A) states it is payable to bearer or the order of bearer.
B) does not state a payee.
C) states it is payable to "cash" or to the order of "cash."
D) the payee's name is spelled wrong.

E) B) and D)
F) A) and B)

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Distinguish between a note and a certificate of deposit. How are they alike? How are they different? Explain your answer.

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Notes and CD's are two-party instruments involving a maker and a payee. They are alike in that in each case one party promises to pay the other party money. They are different in that with a certificate of deposit, a bank is receiving money, acknowledging it, and promising to repay it. A CD is a specialized form of promissory note.

A draft involves three parties: a drawer, a drawee, and a payee.

A) True
B) False

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Explain the effect that a reference to other agreements has on negotiable instruments and the difference between a mere reference and a negotiable instrument's being subject to the terms of another agreement.

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A reference to the mere existence of ano...

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Which of the following has been held to destroy the negotiability of an instrument and to render its transfer a contractual assignment?


A) "I wish you would pay."
B) "Pay to the order of John Jones."
C) "Pay bearer."
D) "Please pay Sue Smith."

E) A) and D)
F) B) and C)

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Revised Article 3 eliminates the particular fund doctrine by providing that a promise or order is not made conditional because payment is to be made only out of a particular fund.

A) True
B) False

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Negotiability invests negotiable instruments with a high degree of marketability and commercial utility by allowing them to be freely transferable and enforceable by a person with the rights of a holder in due course against a person obligated on the instrument.

A) True
B) False

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A certificate of deposit differs from a promissory note in that:


A) the maker is always a bank.
B) there are three parties to the transaction.
C) the payee of a CD must be paid on demand.
D) the maker can be a bank Β or an individual.

E) A) and B)
F) All of the above

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A reference in a negotiable instrument to the existence of a separate agreement to which it is subject destroys the negotiability of the instrument.

A) True
B) False

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True

Bill goes to First Bank to get a loan. He signs a note and agrees to repay the bank. What is the legal term for Bill's status regarding the note?


A) Payee.
B) Maker.
C) Payor.
D) Drawer.

E) All of the above
F) C) and D)

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Which of the following will destroy negotiability?


A) Making the instrument subject to the terms of another agreement.
B) Making the instrument payable in Japanese yen.
C) Signing a check in pencil.
D) Signing a check with an "X."

E) B) and C)
F) B) and D)

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An "X" or a thumbprint could constitute a signature within the meaning of the term in the Code.

A) True
B) False

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