"Person entitled to enforce" an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 36-3-309 or 36-3-418(d). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.

HISTORY: 1962 Code Section 10.3-301; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008. Definitional Cross References: "Holder" Section 36-1-201(20) "Instrument" Section 36-3-104(b) "Person" Section 36-1-201(30)