2006 Ohio Revised Code - 1303.46. (UCC 3-409) Acceptance of draft; certified check.

§ 1303.46. (UCC 3-409) Acceptance of draft; certified check.
 

(A)  "Acceptance" means the drawee's signed agreement to pay the draft as presented. It must be written on the draft and may consist of his signature alone. Acceptance may be made at any time and becomes effective when notification is given pursuant to instructions or the accepted draft is delivered for the purpose of giving rights on the acceptance to any person. 

(B)  A draft may be accepted although it has not been signed by the drawer or is otherwise incomplete, is overdue, or has been dishonored. 

(C)  If a draft is payable at a fixed period after sight and the acceptor fails to date his acceptance, the holder may complete the acceptance by supplying a date in good faith. 

(D)  "Certified check" means a check accepted by the bank on which it is drawn. Acceptance may be made as described in division (A) of this section or by a writing on the check that indicates that the check is certified. The drawee of a check has no obligation to certify the check, and the drawee's refusal to certify is not dishonor of the check. 
 

HISTORY: 129 v S 5 (Eff 7-1-62); 145 v S 147. Eff 8-19-94.
 

Not analogous to former RC § 1303.46.

 

Official Comment

1.  The first three subsections of section 3-409 are a restatement of former section 3-410.  Subsection (d) adds a definition of certified check which is a type of accepted draft. 

2.  Subsection (a) states the generally recognized rule that the mere signature of the drawee on the instrument is a sufficient acceptance.  Customarily the signature is written vertically across the face of the instrument, but since the drawee has no reason to sign for any other purpose a signature in any other place, even on the back of the instrument, is sufficient.  It need not be accompanied by such words as "Accepted," "Certified," or "Good."  It must not, however, bear any words indicating an intent to refuse to honor the draft.  The last sentence of subsection (a) states the generally recognized rule that an acceptance written on the draft takes effect when the drawee notifies the holder or gives notice according to instructions. 

3.  The purpose of subsection (c) is to provide a definite date of payment if none appears on the instrument.  An undated acceptance of a draft payable "thirty days after sight" is incomplete.  Unless the acceptor writes in a different date the holder is authorized to complete the acceptance according to the terms of the draft by supplying a date of acceptance. Any date supplied by the holder is effective if made in good faith. 

4.  The last sentence of subsection (d) states the generally recognized rule that in the absence of agreement a bank is under no obligation to certify a check.  A check is a demand instrument calling for payment rather than acceptance.  The bank may be liable for breach of any agreement with the drawer, the holder, or any other person by which it undertakes to certify.  Its liability is not on the instrument, since the drawee is not so liable until acceptance. Section 3-408.  Any liability is for breach of the separate agreement.