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Section: 400.003.0115 Incomplete Instrument. Rsmo 400.03-115


Published: 2015

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Missouri Revised Statutes













Chapter 400

Uniform Commercial Code

←400.03-114

Section 400.3-115.1

400.03-116→

August 28, 2015

Incomplete instrument.

400.3-115. (a) "Incomplete instrument" means a signed writing, whether

or not issued by the signer, the contents of which show at the time of

signing that it is incomplete but that the signer intended it to be completed

by the addition of words or numbers.



(b) Subject to subsection (c), if an incomplete instrument is an

instrument under Section 400.3-104, it may be enforced according to its terms

if it is not completed, or according to its terms as augmented by completion.

If an incomplete instrument is not an instrument under Section 400.3-104,

but, after completion, the requirements of Section 400.3-104 are met, the

instrument may be enforced according to its terms as augmented by completion.



(c) If words or numbers are added to an incomplete instrument without

authority of the signer, there is an alteration of the incomplete instrument

under Section 400.3-407.



(d) The burden of establishing that words or numbers were added to an

incomplete instrument without authority of the signer is on the person

asserting the lack of authority.



(L. 1963 p. 503 § 3-115, A.L. 1992 S.B. 448)







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