reglab/housing_qa huggingface dataset:
12A OK Stat § 12A-3-117 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-117. Other Agreements Affecting Instrument.

|OTHER AGREEMENTS AFFECTING INSTRUMENT |Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented, or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented, or nullified by an agreement under this section, the agreement is a defense to the obligation.Laws 1961, p. 105, § 3-117; Laws 1991, c. 117, § 42, eff. Jan. 1, 1992.
12A OK Stat § 12A-3-118 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-118. Statute of Limitations.

|STATUTE OF LIMITATIONS |(a) Except as provided in subsection (e) of this section, an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six (6) years after the due date or dates stated in the note or, if a due date is accelerated, within six (6) years after the accelerated due date.(b) Except as provided in subsection (d) or (e) of this section, if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within six (6) years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of ten (10) years.(c) Except as provided in subsection (d) of this section, an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within three (3) years after dishonor of the draft or ten (10) years after the date of the draft, whichever period expires first.(d) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check, or traveler's check must be commenced within three (3) years after demand for payment is made to the acceptor or issuer, as the case may be.(e) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within six (6) years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the six-year period begins when a demand for payment is in effect and the due date has passed.(f) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced (i) within six (6) years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time, or (ii) within six (6) years after the date of the acceptance if the obligation of the acceptor is payable on demand.(g) Unless governed by other law regarding claims for indemnity or contribution, an action (i) for conversion of an instrument, for money had and received, or like action based on conversion, (ii) for breach of warranty, or (iii) to enforce an obligation, duty, or right arising under this article and not governed by this section must be commenced within three (3) years after the claim for relief accrues.Laws 1961, p. 105, § 3-118; Laws 1991, c. 117, § 43, eff. Jan. 1, 1992.
12A OK Stat § 12A-3-119 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-119. Notice of Right to Defend Action.

|NOTICE OF RIGHT TO DEFEND ACTION |In an action for breach of an obligation for which a third person is answerable over pursuant to this article or Article 4 of this title, the defendant may give the third person notice of the litigation in a record, and the person notified may then give similar notice to any other person who is answerable over. If the notice states (i) that the person notified may come in and defend and (ii) that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.Added by Laws 1961, p. 106, § 3-119. Amended by Laws 1991, c. 117, § 44, eff. Jan. 1, 1992; Laws 2009, c. 208, § 5, eff. Nov. 1, 2009.NOTE: Laws 2008, c. 382, § 5 was held unconstitutional by the Oklahoma Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009) and repealed by Laws 2009, c. 208, § 22, eff. Nov. 1, 2009.
12A OK Stat § 12A-3-201 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-201. Negotiation.

|NEGOTIATION |(a) "Negotiation" means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.(b) Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.Laws 1961, p. 106, § 3-201; Laws 1991, c. 117, § 45, eff. Jan. 1, 1992.
12A OK Stat § 12A-3-202 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-202. Negotiation Subject to Rescission.

|NEGOTIATION SUBJECT TO RESCISSION |(a) Negotiation is effective even if obtained (i) from an infant, a corporation exceeding its powers, or a person without capacity, (ii) by fraud, duress, or mistake, or (iii) in breach of duty or as part of an illegal transaction.(b) To the extent permitted by other law, negotiation may be rescinded or may be subject to other remedies, but those remedies may not be asserted against a subsequent holder in due course or a person paying the instrument in good faith and without knowledge of facts that are a basis for rescission or other remedy.Laws 1961, p. 107, § 3-202; Laws 1991, c. 117, § 46, eff. Jan. 1, 1992.
12A OK Stat § 12A-3-203 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-203. Transfer of Instrument; Rights Acquired by Transfer.

|TRANSFER OF INSTRUMENT; RIGHTS ACQUIRED BY TRANSFER |(a) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.(b) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.(c) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made.(d) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this article and has only the rights of a partial assignee.Laws 1961, p. 107, § 3-203; Laws 1991, c. 117, § 47, eff. Jan. 1, 1992.
12A OK Stat § 12A-3-204 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-204. Indorsement.

|INDORSEMENT |(a) "Indorsement" means a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of (i) negotiating the instrument, (ii) restricting payment of the instrument, or (iii) incurring indorser's liability on the instrument, but regardless of the intent of the signer, a signature and its accompanying words is an indorsement unless the accompanying words, terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was made for a purpose other than indorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument.(b) "Indorser" means a person who makes an indorsement.(c) For the purpose of determining whether the transferee of an instrument is a holder, an indorsement that transfers a security interest in the instrument is effective as an unqualified indorsement of the instrument.(d) If an instrument is payable to a holder under a name that is not the name of the holder, indorsement may be made by the holder in the name stated in the instrument or in the holder's name or both, but signature in both names may be required by a person paying or taking the instrument for value or collection.Laws 1961, p. 107, § 3-204; Laws 1991, c. 117, § 48, eff. Jan. 1, 1992.
12A OK Stat § 12A-3-205 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-205. Special Indorsement; Blank Indorsement; Anomalous Indorsement.

|SPECIAL INDORSEMENT; BLANK INDORSEMENT; ANOMALOUS INDORSEMENT |(a) If an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement identifies a person to whom it makes the instrument payable, it is a "special indorsement". When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person. The principles stated in Section 3-110 of this title apply to special indorsements.(b) If an indorsement is made by the holder of an instrument and it is not a special indorsement, it is a "blank indorsement". When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed.(c) The holder may convert a blank indorsement that consists only of a signature into a special indorsement by writing, above the signature of the indorser, words identifying the person to whom the instrument is made payable.(d) "Anomalous indorsement" means an indorsement made by a person who is not the holder of the instrument. An anomalous indorsement does not affect the manner in which the instrument may be negotiated.Laws 1961, p. 107, § 3-205; Laws 1991, c. 117, § 49, eff. Jan. 1, 1992.
12A OK Stat § 12A-3-207 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-207. Reacquisition.

|REACQUISITION |Reacquisition of an instrument occurs if it is transferred to a former holder, by negotiation or otherwise. A former holder who reacquires the instrument may cancel indorsements made after the reacquirer first became a holder of the instrument. If the cancellation causes the instrument to be payable to the reacquirer or to bearer, the reacquirer may negotiate the instrument. An indorser whose indorsement is canceled is discharged, and the discharge is effective against any subsequent holder.Laws 1961, p. 108, § 3-207; Laws 1991, c. 117, § 51, eff. Jan. 1, 1992.
12A OK Stat § 12A-3-301 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-301. Person Entitled to Enforce Instrument.

|PERSON ENTITLED TO ENFORCE INSTRUMENT |"Person entitled to enforce" an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 3-309 or subsection (d) of Section 3-418 of this title. A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.Laws 1961, p. 108, § 3-301; Laws 1991, c. 117, § 52, eff. Jan. 1, 1992.
12A OK Stat § 12A-3-303 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-303. Value and Consideration.

|VALUE AND CONSIDERATION |(a) An instrument is issued or transferred for value if:(1)the instrument is issued or transferred for a promise of performance, to the extent the promise has been performed;(2)the transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding;(3)the instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due;(4)the instrument is issued or transferred in exchange for a negotiable instrument; or(5)the instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument.(b) "Consideration" means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection (a) of this section, the instrument is also issued for consideration.Laws 1961, p. 108, § 3-303; Laws 1991, c. 117, § 54, eff. Jan. 1, 1992.
12A OK Stat § 12A-3-304 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-304. Overdue Instrument.

|OVERDUE INSTRUMENT |(a) An instrument payable on demand becomes overdue at the earliest of the following times:(1)on the day after the day demand for payment is duly made;(2)if the instrument is a check, ninety (90) days after its date; or(3)if the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.(b) With respect to an instrument payable at a definite time the following rules apply:(1)If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured;(2)If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date; and(3)If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.(c) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal.Laws 1961, p. 108, § 3-304; Laws 1991, c. 117, § 55, eff. Jan. 1, 1992.
12A OK Stat § 12A-3-306 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-306. Claims to an Instrument.

|CLAIMS TO AN INSTRUMENT |A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.Laws 1961, p. 109, § 3-306; Laws 1991, c. 117, § 57, eff. Jan. 1, 1992.
12A OK Stat § 12A-3-307 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-307. Notice of Breach of Fiduciary.

|NOTICE OF BREACH OF FIDUCIARY DUTY |(a) In this section:(1)"Fiduciary" means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument; and(2)"Represented person" means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in paragraph (1) of this subsection is owed.(b) If (i) an instrument is taken from a fiduciary for payment or collection or for value, (ii) the taker has knowledge of the fiduciary status of the fiduciary, and (iii) the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply:(1)Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person;(2)In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is (i) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary, (ii) taken in a transaction known by the taker to be for the personal benefit of the fiduciary, or (iii) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person;(3)If an instrument is issued by the represented person or the fiduciary as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty; and(4)If an instrument is issued by the represented person or the fiduciary as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is (i) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary, (ii) taken in a transaction known by the taker to be for the personal benefit of the fiduciary, or (iii) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.Laws 1961, p. 110, § 3-307. Amended by Laws 1991, c. 117, § 58, eff. Jan. 1, 1992.
12A OK Stat § 12A-3-308 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-308. Proof of Signatures and Status as Holder in Due Course.

|PROOF OF SIGNATURES AND STATUS AS HOLDER IN DUE COURSE |(a) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under subsection (a) of Section 65 of this act.(b) If the validity of signatures is admitted or proved and there is compliance with subsection (a) of this section, a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under Section 52 of this act, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim.Added by Laws 1991, c. 117, § 59, eff. Jan. 1, 1992.
12A OK Stat § 12A-3-309 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-309. Enforcement of Lost, Destroyed, or Stolen Instrument.

|ENFORCEMENT OF LOST, DESTROYED, OR STOLEN INSTRUMENT |(a) A person not in possession of an instrument is entitled to enforce the instrument if:(1)the person seeking to enforce the instrument:(A)was entitled to enforce the instrument when loss of possession occurred; or(B)has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred;(2)the loss of possession was not the result of a transfer by the person or a lawful seizure; and(3)the person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.(b) A person seeking enforcement of an instrument under subsection (a) of this section must prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, Section 3-308 of this title applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.Added by Laws 1991, c. 117, § 60, eff. Jan. 1, 1992. Amended by Laws 2009, c. 208, § 7, eff. Nov. 1, 2009.NOTE: Laws 2008, c. 382, § 7 was held unconstitutional by the Oklahoma Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009) and repealed by Laws 2009, c. 208, § 22, eff. Nov. 1, 2009.
12A OK Stat § 12A-3-310 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-3-310. Effect of Instrument on Obligation for Which Taken.

|EFFECT OF INSTRUMENT ON OBLIGATION FOR WHICH TAKEN |(a) Unless otherwise agreed, if a certified check, cashier's check, or teller's check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an indorser of the instrument.(b) Unless otherwise agreed and except as provided in subsection (a) of this section, if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply:(1)In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check;(2)In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment;(3)Except as provided in paragraph (4) of this subsection, if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person which is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation; and(4)If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee's rights against the obligor are limited to enforcement of the instrument.(c) If an instrument other than one described in subsection (a) or (b) of this section is taken for an obligation, the effect is (i) that stated in subsection (a) of this section if the instrument is one on which a bank is liable as maker or acceptor, or (ii) that stated in subsection (b) of this section in any other case.Added by Laws 1991, c. 117, § 61, eff. Jan. 1, 1992.