Section 3-110 - Identification of Person to Whom Instrument is Payable(a) 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.(b) 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.(c) 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: (1) 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 a person, the instrument is payable to the named person, whether or not that person is the owner of the account identified by number.(2) If an instrument is payable to:(i) a trust, an 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;(ii) a person described as 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;(iii) 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(iv) 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.(d) 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.Okla. Stat. tit. 12A, § 3-110
Laws 1961, p. 104, § 3-110; Amended by Laws 1991, SB 25, c. 117, § 35, eff. 1/1/1992.Oklahoma Code Comment
Sections 3-109 and 3-110 rewrote pre-revision Sections 3-110, 3-111, 3-116 and 3-117, for clarity and to modernize the language. Sub section 3-110(d) clarifies pre-revision Section 3-116 by seeing out guidelines for determining when an instrument payable to two or mote payees must be indorsed by all of them. Essentially, in order to require indorsement by all the payees, their names must be joined in the conjunctive, as in "Jane Doe and John Doe" or "Jane Doe & John Doe." Any other formulation will permit indorsement by only one payee, as with "Jane Doe or John Doe," "Jane Doe/John Doe," or "Jane Doe, John Doe."
Because this Section generally continues prior law, cases like Young v. Hembree, 181 Okla. 202, 73 P.2d 393 (1937), and Enid Bank & Trust Co. v. Yandell, 176 Okla. 550, 56 P.2d 835 (1936), continue to represent proper interpretations under this Section