Issue (Banking) Law & Legal Definition

Pursuant to U.C.C. § 3-105, issue means the first delivery of an instrument by the maker or drawer. Issue can be to a holder or non holder. The purpose is to give rights on the instrument to that person. Issuer is the maker or drawer of an instrument.

An unissued instrument or an unissued incomplete instrument that is completed, is binding on the maker or drawer. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer. However, non issuance is a defense. The failure of the condition or special purpose to be fulfilled is also a defense.