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Can you summarize HIRS 490:3-312?
Enforcement of Instruments > Lost, destroyed, or stolen cashier's check, teller's check, or certified check.
Short Summary
This section of the Hawaii Revised Statutes, specifically under the Uniform Commercial Code, pertains to the enforcement of lost, destroyed, or stolen cashier’s checks, teller’s checks, or certified checks. It defines key terms such as ‘check’ (which includes cashier’s checks, teller’s checks, and certified checks), ‘claimant’ (a person claiming the right to receive the amount of a lost, destroyed, or stolen check), and ‘declaration of loss’ (a written statement under penalty of perjury regarding the loss of a check). The section outlines the process for a claimant to assert a claim to the amount of a check, including providing a declaration of loss and reasonable identification to the obligated bank. It also establishes the enforceability of the claim and the obligations of the obligated bank. Additionally, it addresses the obligations of the claimant if the check is presented for payment by a person with rights of a holder in due course. Overall, this section provides the legal framework for addressing lost, destroyed, or stolen cashier’s checks, teller’s checks, or certified checks in Hawaii.
Whom does it apply to?
Claimants who have lost, destroyed, or had their cashier's check, teller's check, or certified check stolen
What does it govern?
Lost, destroyed, or stolen cashier's check, teller's check, or certified check
What are exemptions?
No exemptions are mentioned
What are the Penalties?
No penalties are mentioned
Jurisdiction
Hawaii