Transfer of Instrument Law and Legal Definition

Pursuant to U.C.C. § 3-203, transfer of instrument is when an instrument is delivered by a person other than an issuer for the purpose of giving to a receiver the right to enforce the instrument. The transfer vests in a transferee the transferor's right to enforce the instrument. The rights include the right as a holder in due course. However, the transferee cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. When an instrument is transferred for value , a transferee does not become a holder because of lack of indorsement. Moreover, when a transferor purports to transfer less than the entire instrument, the negotiation of the instrument does not occur.