84-3-409. Acceptance of draft; certified check. (a) "Acceptance" means the drawee's signed agreement to pay a draft as presented. It must be written on the draft and may consist of the drawee's signature alone. Acceptance may be made at any time and becomes effective when notification pursuant to instructions is given 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, 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 the 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 stated in subsection (a) or by a writing on the check which indicates that the check is certified. The drawee of a check has no obligation to certify the check, and refusal to certify is not dishonor of the check.
History: L. 1991, ch. 296, § 46; February 1, 1992.
KANSAS COMMENT, 1996
This section is identical to the 1995 Official Text. This section is derived from the former 84-3-410(1), (2) and (3). Historical case and statutory references can be obtained from the 1965 and 1983 bound volume 7 of the Kansas Statutes Annotated.
In general, this section is a key exception to the rule in the prior section that a check does not constitute an assignment of the drawer's funds. Once the check is certified, the drawee bank becomes primarily liable on the instrument and can be sued directly by the holder.
Under the provisions of 84-3-310, use of a certified check to satisfy an obligation will discharge the underlying obligation.
Revisor's Note:
Former section 84-3-409 was repealed by L. 1991, ch. 296, § 111 and the number reassigned to the current text.
|
|