HRS §490:3-105
When a check or other payment document is considered issued
This section defines when a payment document like a check is officially issued, including electronic checks. It also says that even if a document was never issued or was issued for a special reason, the person who made it is still bound unless they can prove the non-issuance or failed condition as a defense.
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The statute, as written — Issue of instrument
(a) "Issue" means: (1) The first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person; or (2) If agreed to by the payee, the first transmission by the drawer to the payee of an image of an item and information derived from the item that enables the depositary bank to collect the item by transferring or presenting under federal law an electronic check. (b) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense. (c) "Issuer" applies to issued and unissued instruments and means a maker or drawer of an instrument.
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