{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.3A-404.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.3A-404.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.3A-404.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.3A-404.html"}],"law_id":82256,"edition_id":1,"section_id":82256,"structure_id":15041,"section_number":"8.3A-404","catch_line":"Impostors; fictitious payees","history":"Code 1950, \u00a7 6-361; 1956, c. 149; 1964, c. 219, \u00a7 8.3-405; 1992, c. 693.","full_text":"a\n\nIf an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an endorsement of the instrument by any person in the name of the payee is effective as the endorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.b\n\nIf (i) a person whose intent determines to whom an instrument is payable (\u00a7 8.3A-110 (a) or (b)) does not intend the person identified as payee to have any interest in the instrument, or (ii) the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negotiated by special endorsement:1\n\nAny person in possession of the instrument is its holder.2\n\nAn endorsement by any person in the name of the payee stated in the instrument is effective as the endorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.c\n\nUnder subsection (a) or (b), an endorsement is made in the name of a payee if (i) it is made in a name substantially similar to that of the payee or (ii) the instrument, whether or not endorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee.d\n\nWith respect to an instrument to which subsection (a) or (b) applies, if a person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from payment of the instrument, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.","order_by":null,"text":{"0":{"id":294780,"text":"If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an endorsement of the instrument by any person in the name of the payee is effective as the endorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":294781,"text":"If (i) a person whose intent determines to whom an instrument is payable (\u00a7 8.3A-110 (a) or (b)) does not intend the person identified as payee to have any interest in the instrument, or (ii) the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negotiated by special endorsement:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"b1"},"2":{"id":294782,"text":"Any person in possession of the instrument is its holder.","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"3":{"id":294783,"text":"An endorsement by any person in the name of the payee stated in the instrument is effective as the endorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"c"},"4":{"id":294784,"text":"Under subsection (a) or (b), an endorsement is made in the name of a payee if (i) it is made in a name substantially similar to that of the payee or (ii) the instrument, whether or not endorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b2","next_prefix":"d"},"5":{"id":294785,"text":"With respect to an instrument to which subsection (a) or (b) applies, if a person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from payment of the instrument, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c"}},"ancestry":[{"id":15041,"edition_id":1,"name":"Liability of Parties","identifier":"4","label":"part","depth":2,"order_by":1,"parent_id":13054,"metadata":{},"date_created":"2026-06-26 03:51:41","date_modified":"2026-06-26 03:51:41","permalink":{"id":282869,"object_type":"structure","relational_id":15041,"identifier":"4","token":"8.3A\/4","url":"\/8.3A\/4\/","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":72303,"structure_id":15041,"section_number":"8.3A-401","catch_line":"Signature necessary for liability on instrument","url":"\/8.3A-401\/","token":"8.3A\/4\/8.3A-401","metadata":false},{"id":57340,"structure_id":15041,"section_number":"8.3A-402","catch_line":"Signature by representative","url":"\/8.3A-402\/","token":"8.3A\/4\/8.3A-402","metadata":false},{"id":73829,"structure_id":15041,"section_number":"8.3A-403","catch_line":"Unauthorized signature","url":"\/8.3A-403\/","token":"8.3A\/4\/8.3A-403","metadata":false},{"id":82256,"structure_id":15041,"section_number":"8.3A-404","catch_line":"Impostors; fictitious payees","url":"\/8.3A-404\/","token":"8.3A\/4\/8.3A-404","metadata":false},{"id":85778,"structure_id":15041,"section_number":"8.3A-405","catch_line":"Employer's responsibility for fraudulent endorsement by employee","url":"\/8.3A-405\/","token":"8.3A\/4\/8.3A-405","metadata":false},{"id":86533,"structure_id":15041,"section_number":"8.3A-406","catch_line":"Negligence contributing to forged signature or alteration of instrument","url":"\/8.3A-406\/","token":"8.3A\/4\/8.3A-406","metadata":false},{"id":76929,"structure_id":15041,"section_number":"8.3A-407","catch_line":"Alteration","url":"\/8.3A-407\/","token":"8.3A\/4\/8.3A-407","metadata":false},{"id":72123,"structure_id":15041,"section_number":"8.3A-408","catch_line":"Drawee not liable on unaccepted draft","url":"\/8.3A-408\/","token":"8.3A\/4\/8.3A-408","metadata":false},{"id":74394,"structure_id":15041,"section_number":"8.3A-409","catch_line":"Acceptance of draft; certified check","url":"\/8.3A-409\/","token":"8.3A\/4\/8.3A-409","metadata":false},{"id":86849,"structure_id":15041,"section_number":"8.3A-410","catch_line":"Acceptance varying draft","url":"\/8.3A-410\/","token":"8.3A\/4\/8.3A-410","metadata":false},{"id":76564,"structure_id":15041,"section_number":"8.3A-411","catch_line":"Refusal to pay cashier's checks, teller's checks, and certified checks","url":"\/8.3A-411\/","token":"8.3A\/4\/8.3A-411","metadata":false},{"id":85403,"structure_id":15041,"section_number":"8.3A-412","catch_line":"Obligation of issuer of note or cashier's check","url":"\/8.3A-412\/","token":"8.3A\/4\/8.3A-412","metadata":false},{"id":62163,"structure_id":15041,"section_number":"8.3A-413","catch_line":"Obligation of acceptor","url":"\/8.3A-413\/","token":"8.3A\/4\/8.3A-413","metadata":false},{"id":81363,"structure_id":15041,"section_number":"8.3A-414","catch_line":"Obligation of drawer","url":"\/8.3A-414\/","token":"8.3A\/4\/8.3A-414","metadata":false},{"id":78513,"structure_id":15041,"section_number":"8.3A-415","catch_line":"Obligation of endorser","url":"\/8.3A-415\/","token":"8.3A\/4\/8.3A-415","metadata":false},{"id":58496,"structure_id":15041,"section_number":"8.3A-416","catch_line":"Transfer warranties","url":"\/8.3A-416\/","token":"8.3A\/4\/8.3A-416","metadata":false},{"id":63742,"structure_id":15041,"section_number":"8.3A-417","catch_line":"Presentment warranties","url":"\/8.3A-417\/","token":"8.3A\/4\/8.3A-417","metadata":false},{"id":68633,"structure_id":15041,"section_number":"8.3A-418","catch_line":"Payment or acceptance by mistake","url":"\/8.3A-418\/","token":"8.3A\/4\/8.3A-418","metadata":false},{"id":62031,"structure_id":15041,"section_number":"8.3A-419","catch_line":"Instruments signed for accommodation","url":"\/8.3A-419\/","token":"8.3A\/4\/8.3A-419","metadata":false},{"id":75961,"structure_id":15041,"section_number":"8.3A-420","catch_line":"Conversion of instrument","url":"\/8.3A-420\/","token":"8.3A\/4\/8.3A-420","metadata":false}],"previous_section":{"id":73829,"structure_id":15041,"section_number":"8.3A-403","catch_line":"Unauthorized signature","url":"\/8.3A-403\/","token":"8.3A\/4\/8.3A-403","metadata":false},"next_section":{"id":85778,"structure_id":15041,"section_number":"8.3A-405","catch_line":"Employer's responsibility for fraudulent endorsement by employee","url":"\/8.3A-405\/","token":"8.3A\/4\/8.3A-405","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.3A-404\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 1956, chapter 149; in 1964, chapter 219; in 1992, chapter 693.<\/p>","references":[{"id":63742,"section_number":"8.3A-417","catch_line":"Presentment warranties","order_by":null,"url":"\/8.3A-417\/"},{"id":80890,"section_number":"8.4-207.2","catch_line":"Presentment warranties","order_by":null,"url":"\/8.4-207.2\/"}],"refers_to":[{"id":79693,"section_number":"8.3A-110","catch_line":"Identification of person to whom instrument is payable","order_by":null,"url":"\/8.3A-110\/"}],"permalink":{"id":282883,"object_type":"law","relational_id":82256,"identifier":"8.3A-404","token":"8.3A\/4\/8.3A-404","url":"\/8.3A-404\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.3A-404\/","token":"8.3A\/4\/8.3A-404","dublin_core":{"Title":"Impostors; fictitious payees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.3A-404","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue<\/span> the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an endorsement of the instrument by any person in the name of the payee is effective as the endorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> If (i) a person whose intent<\/span> determines to whom an instrument is payable (\u00a7 8.3A-110<\/a> (a) or (b)) does not intend the person identified as payee to have any interest in the instrument, or (ii) the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negotiated by special endorsement: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any person in possession<\/span> of the instrument is its holder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An endorsement by any person in the name of the payee stated in the instrument is effective as the endorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Under subsection (a) or (b), an endorsement is made in the name of a payee if (i) it is made in a name substantially similar to that of the payee or (ii) the instrument, whether or not endorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> With respect to an instrument to which subsection (a) or (b) applies, if a person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from payment of the instrument, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMPOSTORS; FICTITIOUS PAYEES (\u00a7 8.3A-404)\n\na. If an impostor, by use of the mails or otherwise, induces the issuer of an\ninstrument to issue the instrument to the impostor, or to a person acting in\nconcert with the impostor, by impersonating the payee of the instrument or a\nperson authorized to act for the payee, an endorsement of the instrument by any\nperson in the name of the payee is effective as the endorsement of the payee in\nfavor of a person who, in good faith, pays the instrument or takes it for value\nor for collection.\n\nb. If (i) a person whose intent determines to whom an instrument is payable (\u00a7\n8.3A-110 (a) or (b)) does not intend the person identified as payee to have any\ninterest in the instrument, or (ii) the person identified as payee of an\ninstrument is a fictitious person, the following rules apply until the\ninstrument is negotiated by special endorsement:\n\n 1. Any person in possession of the instrument is its holder.\n\n 2. An endorsement by any person in the name of the payee stated in the\n instrument is effective as the endorsement of the payee in favor of a person\n who, in good faith, pays the instrument or takes it for value or for\n collection.\n\nc. Under subsection (a) or (b), an endorsement is made in the name of a payee if\n(i) it is made in a name substantially similar to that of the payee or (ii) the\ninstrument, whether or not endorsed, is deposited in a depositary bank to an\naccount in a name substantially similar to that of the payee.\n\nd. With respect to an instrument to which subsection (a) or (b) applies, if a\nperson paying the instrument or taking it for value or for collection fails to\nexercise ordinary care in paying or taking the instrument and that failure\nsubstantially contributes to loss resulting from payment of the instrument, the\nperson bearing the loss may recover from the person failing to exercise ordinary\ncare to the extent the failure to exercise ordinary care contributed to the\nloss.\n\nHISTORY: Code 1950, \u00a7 6-361; 1956, c. 149; 1964, c. 219, \u00a7 8.3-405; 1992, c.\n693.","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}}