If an Instrument Is Found to Be Negotiable Under the UCC

If an instrument is found to be negotiable under the UCC, it may be freely traded without concern for any existing contract responsibilities if the instrument is in the possession of a holder in due course. To be a holder in due course, one must:

A) accept the transfer of the instrument with the same contract responsibilities as the person assigning the instrument
B) give value for the instrument, accept it without knowledge of any defects (for example, that it is overdue) , and take the instrument in good faith
C) present himself as having knowledge or skill specialized to the transaction and regularly deal in that kind of transaction
D) demonstrate that the instrument falls within the scope of Article 3 of the UCC, that the transaction is not for the sale of a tangible product, and that any defects in the title to the goods involved in the transaction is not known to the party
E) none of the other choices, there are no special requirements