84-3-113. Date of instrument. (a) An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period after date. Except as provided in K.S.A. 84-4-401(c), an instrument payable on demand is not payable before the date of the instrument.
(b) If an instrument is undated, its date is the date of its issue or, in the case of an unissued instrument, the date it first comes into possession of a holder.
History: L. 1991, ch. 296, § 13; February 1, 1992.
KANSAS COMMENT, 1996
This section is identical to the 1995 Official Text, and was derived in part from modifications of the prior provisions of 84-3-114. Historical case and statutory references may be obtained from the 1965 or 1983 bound Volume 7 of the Kansas Statutes Annotated.
Subsection (a). As a general rule, the date on the instrument controls the time of payment or of demand for payment, and it may be antedated or postdated. There is an exception for checks, however, as provided in 84-4-401(c) which provides that a postdated check may be paid by the bank before the date on the check unless the customer properly notifies the bank of the postdating. If the drawer of a postdated check needs time to collect the funds, or wishes to preserve the right to dishonor the check on account of nondelivery of, or defective, merchandise, the drawer should notify the bank of the postdating.
Subsection (b). Undated instruments are deemed to have the date of issue (or, for instruments that have not been issued by the maker or drawer, the date the instrument first comes into the hands of a holder). Therefore, it would be wise for the first holder to write the date on any undated instrument when the holder first gets possession.
Revisor's Note:
Former section 84-3-113 was repealed by L. 1991, ch. 296, § 111 and the number reassigned to the current text.
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