Full question:
Does Missouri have a statute or bank policy that disallows a bank to permit an individual to cash a check made payable to a business.
- Category: Banking laws
- Date:
- State: Missouri
Answer:
The answer may depend upon the relationship of that individual to the business and what type of business it is. Most banks will require the check to be deposited to make it easier for them to set a policy. Of course depositing the check creates a delay for access to the funds.
A DBA business may be easiest the establish the authority of an individual to collect the money intended for the business. When the business account was opened, the bank's regulations about the handling of the checks may have been discussed.
Negotiable instruments made payable to a specific party must be endorsed and instruments payable to the "bearer" need no endorsement.
In general, there are two types of instruments. The first is called a "draft." A draft is a document that orders the payment of money, such as a check. The second is a "note." A note is a promise to pay a sum of money.
The law of negotiable instruments is generally governed by state law. Specifically, all states have adopted, in some form, Article 3 of the UCC which deals solely with negotiable instruments. In general, the law of negotiable instruments is a highly specialized type of contract law applying in narrow situations. However, a negotiable instrument may be distinguished from an ordinary contract by the fact that a negotiable instrument is transferable to other parties.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
