Title 11, Chapter 3, Section 104
(a) Except as provided in subsections (c) and (d) of this Code
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; or
(iii) 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 Code section, except paragraph (1) of subsection (a) of this
Code section, and otherwise falls within the definition of "check"
in subsection (f) of this Code 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; or (ii) 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 (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
(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.