New Jersey § 12a:3-104

§ 12a:3-104.

a. Except as provided in subsections c. and d. of this section, “ negotiable instrument ” means an unconditional promise or order to pay a fixed amount of money, with or

without interest or other charges described in the promise or order, if it: (1) is payable to bearer or to order at the time it is issued or first comes into

possession of a holder; (2) is payable on demand or at a definite time; and (3) does not state any other undertaking or instruction by the person promising or

ordering payment to do any act in addition to the payment of money, but the promise

or order may contain an undertaking or power to give, maintain, or protect collateral

to secure payment, an authorization or power to the holder to confess judgment or

realize on or dispose of collateral, or a waiver of the benefit of any law intended

for the advantage or protection of an obligor. b. “ Instrument ” means a negotiable instrument. c. An order that meets all of the requirements of subsection a. of this section, except

paragraph (1), and otherwise falls within the definition of “ check ” in subsection f. of this section is a negotiable instrument and a check. d. A promise or order other than a check is not an instrument if, at the time it is

issued or first comes into possession of a holder, it contains a conspicuous statement,

however expressed, to the effect that the promise or order is not negotiable or is

not an instrument governed by this chapter. e. An instrument is a “ note ” if it is a promise and is a “ draft ” if it is an order. If an instrument falls within the definition of both “note” and “draft,” a person

entitled to enforce the instrument may treat it as either. f. “Check” means a draft, other than a documentary draft, payable on demand and drawn

on a bank or a cashier's check or teller's check. An instrument may be a check even though it is described on its face by another

term, such as “money order.” g. “ Cashier's check ” means a draft with respect to which the drawer and drawee are the same bank or branches

of the same bank. h. “ Teller's check ” means a draft drawn by a bank on another bank, or payable at or through a bank. i. “ Traveler's check ” means an instrument that is payable on demand, is drawn on or payable at or through

a bank, is designated by the term “traveler's check” or by a substantially similar

term, and requires, as a condition to payment, a countersignature by a person whose

specimen signature appears on the instrument. j. “ Certificate of deposit ” means an instrument containing an acknowledgment by a bank that a sum of money has

been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.