{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.3A-104.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.3A-104.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.3A-104.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.3A-104.html"}],"law_id":82039,"edition_id":1,"section_id":82039,"structure_id":13868,"section_number":"8.3A-104","catch_line":"Negotiable instrument","history":"Code 1950, \u00a7\u00a7 6-353, 6-354, 6-357, 6-358, 6-537, 6-538, 6-544; 1960, c. 29; 1964, c. 219, \u00a7\u00a7 8.3-102, 8.3-104, 8.3-106, 8.3-112, 8.3-118; 1992, c. 693; 2024, c. 652.","full_text":"a\n\nExcept as provided in subsections (c) and (d), “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:1\n\nis payable to bearer or to order at the time it is issued or first comes into possession of a holder;2\n\nis payable on demand or at a definite time; and3\n\ndoes not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor, (iv) a term that specifies the law that governs the promise or order, or (v) an undertaking to resolve in a specified forum a dispute concerning the promise or order.b\n\n“Instrument” means a negotiable instrument.c\n\nAn order that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of “check” in subsection (f) is a negotiable instrument and a check.d\n\nA promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this title.e\n\nAn instrument is a “note” if it is a promise and is a “draft” if it is an order. If an instrument falls within the definition of both “note” and “draft,” a person entitled to enforce the instrument may treat it as either.f\n\n“Check” means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or (ii) a cashier’s check or teller’s check. An instrument may be a check even though it is described on its face by another term, such as “money order.”g\n\n“Cashier’s check” means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.h\n\n“Teller’s check” means a draft drawn by a bank (i) on another bank, or (ii) payable at or through a bank.i\n\n“Traveler’s check” means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term “traveler’s check” or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.j\n\n“Certificate of deposit” means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.","order_by":null,"text":{"0":{"id":293951,"text":"Except as provided in subsections (c) and (d), “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":293952,"text":"is payable to bearer or to order at the time it is issued or first comes into possession of a holder;","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":293953,"text":"is payable on demand or at a definite time; and","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"3":{"id":293954,"text":"does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor, (iv) a term that specifies the law that governs the promise or order, or (v) an undertaking to resolve in a specified forum a dispute concerning the promise or order.","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"b"},"4":{"id":293955,"text":"“Instrument” means a negotiable instrument.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a3","next_prefix":"c"},"5":{"id":293956,"text":"An order that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of “check” in subsection (f) is a negotiable instrument and a check.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"6":{"id":293957,"text":"A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this title.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"e"},"7":{"id":293958,"text":"An instrument is a “note” if it is a promise and is a “draft” if it is an order. If an instrument falls within the definition of both “note” and “draft,” a person entitled to enforce the instrument may treat it as either.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d","next_prefix":"f"},"8":{"id":293959,"text":"“Check” means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or (ii) a cashier’s check or teller’s check. An instrument may be a check even though it is described on its face by another term, such as “money order.”","type":"section","prefixes":["f"],"prefix":"f","entire_prefix":"f","prefix_anchor":"f","level":1,"prior_prefix":"e","next_prefix":"g"},"9":{"id":293960,"text":"“Cashier’s check” means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.","type":"section","prefixes":["g"],"prefix":"g","entire_prefix":"g","prefix_anchor":"g","level":1,"prior_prefix":"f","next_prefix":"h"},"10":{"id":293961,"text":"“Teller’s check” means a draft drawn by a bank (i) on another bank, or (ii) payable at or through a bank.","type":"section","prefixes":["h"],"prefix":"h","entire_prefix":"h","prefix_anchor":"h","level":1,"prior_prefix":"g","next_prefix":"i"},"11":{"id":293962,"text":"“Traveler’s check” means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term “traveler’s check” or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.","type":"section","prefixes":["i"],"prefix":"i","entire_prefix":"i","prefix_anchor":"i","level":1,"prior_prefix":"h","next_prefix":"j"},"12":{"id":293963,"text":"“Certificate of deposit” means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.","type":"section","prefixes":["j"],"prefix":"j","entire_prefix":"j","prefix_anchor":"j","level":1,"prior_prefix":"i"}},"ancestry":[{"id":13868,"edition_id":1,"name":"General Provisions and Definitions","identifier":"1","label":"part","depth":2,"order_by":1,"parent_id":13054,"metadata":{},"date_created":"2026-06-26 03:46:08","date_modified":"2026-06-26 03:46:08","permalink":{"id":282707,"object_type":"structure","relational_id":13868,"identifier":"1","token":"8.3A\/1","url":"\/8.3A\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13054,"edition_id":1,"name":"Commercial Code \u2014 Negotiable Instruments","identifier":"8.3A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":282705,"object_type":"structure","relational_id":13054,"identifier":"8.3A","token":"8.3A","url":"\/8.3A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83834,"structure_id":13868,"section_number":"8.3A-101","catch_line":"Short title","url":"\/8.3A-101\/","token":"8.3A\/1\/8.3A-101","metadata":false},{"id":65615,"structure_id":13868,"section_number":"8.3A-102","catch_line":"Subject matter","url":"\/8.3A-102\/","token":"8.3A\/1\/8.3A-102","metadata":false},{"id":77332,"structure_id":13868,"section_number":"8.3A-103","catch_line":"Definitions","url":"\/8.3A-103\/","token":"8.3A\/1\/8.3A-103","metadata":false},{"id":82039,"structure_id":13868,"section_number":"8.3A-104","catch_line":"Negotiable instrument","url":"\/8.3A-104\/","token":"8.3A\/1\/8.3A-104","metadata":false},{"id":71271,"structure_id":13868,"section_number":"8.3A-105","catch_line":"Issue of instrument","url":"\/8.3A-105\/","token":"8.3A\/1\/8.3A-105","metadata":false},{"id":54896,"structure_id":13868,"section_number":"8.3A-106","catch_line":"Unconditional promise or order","url":"\/8.3A-106\/","token":"8.3A\/1\/8.3A-106","metadata":false},{"id":58514,"structure_id":13868,"section_number":"8.3A-107","catch_line":"Instrument payable in foreign money","url":"\/8.3A-107\/","token":"8.3A\/1\/8.3A-107","metadata":false},{"id":60401,"structure_id":13868,"section_number":"8.3A-108","catch_line":"Payable on demand or at definite time","url":"\/8.3A-108\/","token":"8.3A\/1\/8.3A-108","metadata":false},{"id":76428,"structure_id":13868,"section_number":"8.3A-109","catch_line":"Payable to bearer or to order","url":"\/8.3A-109\/","token":"8.3A\/1\/8.3A-109","metadata":false},{"id":79693,"structure_id":13868,"section_number":"8.3A-110","catch_line":"Identification of person to whom instrument is payable","url":"\/8.3A-110\/","token":"8.3A\/1\/8.3A-110","metadata":false},{"id":59225,"structure_id":13868,"section_number":"8.3A-111","catch_line":"Place of payment","url":"\/8.3A-111\/","token":"8.3A\/1\/8.3A-111","metadata":false},{"id":81552,"structure_id":13868,"section_number":"8.3A-112","catch_line":"Interest","url":"\/8.3A-112\/","token":"8.3A\/1\/8.3A-112","metadata":false},{"id":78239,"structure_id":13868,"section_number":"8.3A-113","catch_line":"Date of instrument","url":"\/8.3A-113\/","token":"8.3A\/1\/8.3A-113","metadata":false},{"id":69384,"structure_id":13868,"section_number":"8.3A-114","catch_line":"Contradictory terms of instrument","url":"\/8.3A-114\/","token":"8.3A\/1\/8.3A-114","metadata":false},{"id":87003,"structure_id":13868,"section_number":"8.3A-115","catch_line":"Incomplete instrument","url":"\/8.3A-115\/","token":"8.3A\/1\/8.3A-115","metadata":false},{"id":77257,"structure_id":13868,"section_number":"8.3A-116","catch_line":"Joint and several liability; contribution","url":"\/8.3A-116\/","token":"8.3A\/1\/8.3A-116","metadata":false},{"id":58091,"structure_id":13868,"section_number":"8.3A-117","catch_line":"Other agreements affecting instrument","url":"\/8.3A-117\/","token":"8.3A\/1\/8.3A-117","metadata":false},{"id":84675,"structure_id":13868,"section_number":"8.3A-118","catch_line":"Statute of limitations","url":"\/8.3A-118\/","token":"8.3A\/1\/8.3A-118","metadata":false},{"id":60697,"structure_id":13868,"section_number":"8.3A-118.1","catch_line":"Statute of limitations on deposit accounts and certificates of deposit","url":"\/8.3A-118.1\/","token":"8.3A\/1\/8.3A-118.1","metadata":false},{"id":62088,"structure_id":13868,"section_number":"8.3A-119","catch_line":"Notice of right to defend action","url":"\/8.3A-119\/","token":"8.3A\/1\/8.3A-119","metadata":false}],"previous_section":{"id":77332,"structure_id":13868,"section_number":"8.3A-103","catch_line":"Definitions","url":"\/8.3A-103\/","token":"8.3A\/1\/8.3A-103","metadata":false},"next_section":{"id":71271,"structure_id":13868,"section_number":"8.3A-105","catch_line":"Issue of instrument","url":"\/8.3A-105\/","token":"8.3A\/1\/8.3A-105","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.3A-104\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 29; in 1964, chapter 219; in 1992, chapter 693; in 2024, chapter 652<\/a>.<\/p>","references":[{"id":63842,"section_number":"8.01-382","catch_line":"Verdict, judgment or decree to fix period at which interest begins; final order; judgment or decree for interest","order_by":null,"url":"\/8.01-382\/"},{"id":73102,"section_number":"8.2-103","catch_line":"Definitions and index of definitions","order_by":null,"url":"\/8.2-103\/"},{"id":77332,"section_number":"8.3A-103","catch_line":"Definitions","order_by":null,"url":"\/8.3A-103\/"},{"id":54896,"section_number":"8.3A-106","catch_line":"Unconditional promise or order","order_by":null,"url":"\/8.3A-106\/"},{"id":87003,"section_number":"8.3A-115","catch_line":"Incomplete instrument","order_by":null,"url":"\/8.3A-115\/"},{"id":73125,"section_number":"8.4-104","catch_line":"Definitions and index of definitions","order_by":null,"url":"\/8.4-104\/"},{"id":58431,"section_number":"8.9A-102","catch_line":"Definitions and index of definitions","order_by":null,"url":"\/8.9A-102\/"}],"refers_to":false,"permalink":{"id":282721,"object_type":"law","relational_id":82039,"identifier":"8.3A-104","token":"8.3A\/1\/8.3A-104","url":"\/8.3A-104\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.3A-104\/","token":"8.3A\/1\/8.3A-104","dublin_core":{"Title":"Negotiable instrument","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.3A-104","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Except as provided in subsections (c) and (d), “negotiable instrument<\/span>” means an unconditional promise or order<\/span> to pay a fixed amount of money, with or without interest or other charges described in the promise or order<\/span>, if it: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> is payable to bearer or to order<\/span> at the time it is issued or first comes into possession<\/span> of a holder; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> is payable on demand or at a definite time; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order<\/span> may contain (i) an undertaking or power to give, maintain, or protect collateral<\/span> to secure payment, (ii) an authorization or power to the holder to confess judgment<\/span> or realize on or dispose of collateral<\/span>, (iii) a waiver<\/span> of the benefit of any law<\/span> intended for the advantage or protection of an obligor, (iv) a term that specifies the law<\/span> that governs the promise or order<\/span>, or (v) an undertaking to resolve in a specified forum a dispute concerning the promise or order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> “Instrument” means a negotiable instrument<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> An order<\/span> that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of “check<\/span>” in subsection (f) is a negotiable instrument<\/span> and a check<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> A promise or order<\/span> other than a check<\/span> is not an instrument if, at the time it is issued or first comes into possession<\/span> of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order<\/span> is not negotiable or is not an instrument governed by this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> An instrument is a “note” if it is a promise and is a “draft” if it is an order<\/span>. If an instrument falls within the definition of both “note” and “draft,” a person entitled to enforce the instrument may treat it as either. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

f.<\/span> “Check<\/span>” means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or (ii) a cashier’s check<\/span> or teller’s check<\/span>. An instrument may be a check<\/span> even though it is described on its face by another term, such as “money order<\/span>.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

g.<\/span> “Cashier’s check<\/span>” means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

h.<\/span> “Teller’s check<\/span>” means a draft drawn by a bank (i) on another bank, or (ii) payable at or through a bank. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

i.<\/span> “Traveler’s check<\/span>” means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term “traveler’s check<\/span>” or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

j.<\/span> “Certificate of deposit<\/span>” means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit<\/span> is a note of the bank. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNEGOTIABLE INSTRUMENT (\u00a7 8.3A-104)\n\na. Except as provided in subsections (c) and (d), “negotiable\ninstrument” means an unconditional promise or order to pay a fixed amount\nof money, with or without interest or other charges described in the promise or\norder, if it:\n\n 1. is payable to bearer or to order at the time it is issued or first comes\n into possession of a holder;\n\n 2. is payable on demand or at a definite time; and\n\n 3. does not state any other undertaking or instruction by the person promising\n or ordering payment to do any act in addition to the payment of money, but the\n promise or order may contain (i) an undertaking or power to give, maintain, or\n protect collateral to secure payment, (ii) an authorization or power to the\n holder to confess judgment or realize on or dispose of collateral, (iii) a\n waiver of the benefit of any law intended for the advantage or protection of\n an obligor, (iv) a term that specifies the law that governs the promise or\n order, or (v) an undertaking to resolve in a specified forum a dispute\n concerning the promise or order.\n\nb. “Instrument” means a negotiable instrument.\n\nc. An order that meets all of the requirements of subsection (a), except\nparagraph (1), and otherwise falls within the definition of “check”\nin subsection (f) is a negotiable instrument and a check.\n\nd. A promise or order other than a check is not an instrument if, at the time it\nis issued or first comes into possession of a holder, it contains a conspicuous\nstatement, however expressed, to the effect that the promise or order is not\nnegotiable or is not an instrument governed by this title.\n\ne. An instrument is a “note” if it is a promise and is a\n“draft” if it is an order. If an instrument falls within the\ndefinition of both “note” and “draft,” a person entitled\nto enforce the instrument may treat it as either.\n\nf. “Check” means (i) a draft, other than a documentary draft,\npayable on demand and drawn on a bank or (ii) a cashier’s check or\nteller’s check. An instrument may be a check even though it is described\non its face by another term, such as “money order.”\n\ng. “Cashier’s check” means a draft with respect to which the\ndrawer and drawee are the same bank or branches of the same bank.\n\nh. “Teller’s check” means a draft drawn by a bank (i) on\nanother bank, or (ii) payable at or through a bank.\n\ni. “Traveler’s check” means an instrument that (i) is payable\non demand, (ii) is drawn on or payable at or through a bank, (iii) is designated\nby the term “traveler’s check” or by a substantially similar\nterm, and (iv) requires, as a condition to payment, a countersignature by a\nperson whose specimen signature appears on the instrument.\n\nj. “Certificate of deposit” means an instrument containing an\nacknowledgment by a bank that a sum of money has been received by the bank and a\npromise by the bank to repay the sum of money. A certificate of deposit is a\nnote of the bank.\n\nHISTORY: Code 1950, \u00a7\u00a7 6-353, 6-354, 6-357, 6-358, 6-537, 6-538, 6-544; 1960,\nc. 29; 1964, c. 219, \u00a7\u00a7 8.3-102, 8.3-104, 8.3-106, 8.3-112, 8.3-118; 1992, c.\n693; 2024, c. 652.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}