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Fictitious Payee
Source:
Encyclopedia of Banking & Finance (9h Edition) by Charles J Woelfel
(We recommend this as work of authority and you can order
it here)
Although the Uniform Commercial
Code's Section 3-405(a)(b), which succeeded the Uniform Negotiable Instruments
Law's Section 9(3), no longer contains the reference to "fictitious
or nonexistent person," if in fact the maker of drawer of a negotiable
instrument does make it payable to a fictitious or nonexistent payee and
such fact is known to such maker or drawer, the situation is one indicating
no intention that such payee shall have any interest in the instrument.
Accordingly, in such a situation an endorsement by any person in
the name of the indicated payee will be effective, pursuant to Section
3-405(1)(b), Uniform Commercial Code, since the person signing as or on
behalf of a maker or drawer intends the indicated payee to have no interest
in the instrument.
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