Checks drawn in name of a principal.
Utah Code § 75A-1-208
in effect75A-1-208. Checks drawn in name of a principal.
(1) If a fiduciary draws a check upon the account of the fiduciary's principal in a bank that is authorized to draw checks upon the principal's account and the bank is authorized to pay the check, the bank is not liable to the principal unless:
(a) the bank pays the check with actual knowledge that the fiduciary is committing a breach of the fiduciary's obligation in drawing the check; or
(b) the bank knows that paying the check amounts to bad faith.
(2) Notwithstanding Subsection (1), the bank is liable to a principal if:
(a) the principal's fiduciary deposits a check in the name of the principal as payment to the bank for payment of, or as security for, a personal debt of the fiduciary; and
(b) the fiduciary commits a breach of the fiduciary's obligation in drawing or delivering the check to the bank.
Renumbered and Amended by Chapter 364, 2024 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title75A/Chapter1/75A-1-S208.html?v=C75A-1-S208_2024090120240501Fetched: 10/26/2026