Utah Code § 75A-1-208

Current through the 2024 Fourth Special Session
Section 75A-1-208 - Checks drawn in name of a principal
(1) If a fiduciary draws a check upon the account of the fiduciary's principal in a bank that is authorized to draw checks upon the principal's account and the bank is authorized to pay the check, the bank is not liable to the principal unless:
(a) the bank pays the check with actual knowledge that the fiduciary is committing a breach of the fiduciary's obligation in drawing the check; or
(b) the bank knows that paying the check amounts to bad faith.
(2) Notwithstanding Subsection (1), the bank is liable to a principal if:
(a) the principal's fiduciary deposits a check in the name of the principal as payment to the bank for payment of, or as security for, a personal debt of the fiduciary; and
(b) the fiduciary commits a breach of the fiduciary's obligation in drawing or delivering the check to the bank.

Utah Code § 75A-1-208

Renumbered from § 22-1-8 and amended by Chapter 364, 2024 General Session ,§ 21, eff. 9/1/2024.
Amended by Chapter 365, 2024 General Session ,§ 45, eff. 5/1/2024.
No Change Since 1953