Vermont § 104 - § 3—104.

Full text of Vermont Vermont Statutes Online § 104 — § 3—104., with citation guidance and answers to common questions.

§ 104. § 3—104.

  • Negotiable instrument (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 (i) an undertaking or power to give, maintain, or protect collateral to
    secure payment, (ii) an authorization or power to the holder to confess judgment or
    realize on or dispose of collateral, (iii) a waiver of the benefit of any law intended
    for the advantage or protection of an obligor, (iv) a term that specifies the law
    that governs the promise or order, or (v) an undertaking to resolve in a specified
    forum a dispute concerning the promise or order. (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 article. (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 (i) a draft, other than a documentary draft, payable on demand and drawn
    on a bank; (ii) a cashier’s check or teller’s check; or (iii) a demand draft. 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 (i) on another bank, or (ii) payable
    at or through a bank. (i) “Traveler’s check” means an instrument that (i) is payable on demand, (ii) is drawn
    on or payable at or through a bank, (iii) is designated by the term “traveler’s check”
    or by a substantially similar term, and (iv) 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. (k) “Demand draft” means a writing not signed by a customer that is created by a third
    party under the purported authority of the customer for the purpose of charging the
    customer’s account with a bank. A demand draft shall contain the customer’s account
    number and may contain any or all of the following: (i) the customer’s printed or
    typewritten name; (ii) a notation that the customer authorized the draft; and (iii)
    the statement “No Signature Required” or words to that effect. A demand draft shall
    not include a check purportedly drawn by and bearing the signature of a fiduciary,
    as defined in section 3—307(a)(1) of this title. (Added 1993, No. 158 (Adj. Sess.), § 12, eff. Jan. 1, 1995; amended 2003, No. 87 (Adj. Sess.), §§ 1, 2; 2025, No. 17, § 4, eff. July 1, 2025.)

Frequently Asked Questions About Vermont § 104

What does Vermont Statutes Online § 104 cover?

Section 104 ("§ 3—104.") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Vermont § 104?

A common citation format is "Vermont Statutes Online § 104" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 104 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.