{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.3A-414.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.3A-414.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.3A-414.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.3A-414.html"}],"law_id":81363,"edition_id":1,"section_id":81363,"structure_id":15041,"section_number":"8.3A-414","catch_line":"Obligation of drawer","history":"Code 1950, \u00a7\u00a7 6-412 through 6-414, 6-471, 6-496, 6-497, 6-503, 6-505, 6-539, 6-541 through 6-543; 1964, c. 219, \u00a7\u00a7 8.3-411, 8.3-413, 8.3-502; 1992, c. 693.","full_text":"a\n\nThis section does not apply to cashier&#8217;s checks or other drafts drawn on the drawer.b\n\nIf an unaccepted draft is dishonored, the drawer is obliged to pay the draft (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the drawer signed an incomplete instrument, according to its terms when completed, to the extent stated in &#xA7;&#xA7; 8.3A-115 and 8.3A-407. The obligation is owed to a person entitled to enforce the draft or to an endorser who paid the draft under &#xA7; 8.3A-415.c\n\nIf a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained.d\n\nIf a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an endorser under &#xA7; 8.3A-415 (a) and (c).e\n\nIf a draft states that it is drawn &#8220;without recourse&#8221; or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection (b) to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection (b) is not effective if the draft is a check.f\n\nIf (i) a check is not presented for payment or given to a depositary bank for collection within thirty days after its date, (ii) the drawee suspends payments after expiration of the thirty-day period without paying the check, and (iii) because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds.","order_by":null,"text":{"0":{"id":291584,"text":"This section does not apply to cashier&#8217;s checks or other drafts drawn on the drawer.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":291585,"text":"If an unaccepted draft is dishonored, the drawer is obliged to pay the draft (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the drawer signed an incomplete instrument, according to its terms when completed, to the extent stated in &#xA7;&#xA7; 8.3A-115 and 8.3A-407. The obligation is owed to a person entitled to enforce the draft or to an endorser who paid the draft under &#xA7; 8.3A-415.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"2":{"id":291586,"text":"If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"3":{"id":291587,"text":"If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an endorser under &#xA7; 8.3A-415 (a) and (c).","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"e"},"4":{"id":291588,"text":"If a draft states that it is drawn &#8220;without recourse&#8221; or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection (b) to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection (b) is not effective if the draft is a check.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d","next_prefix":"f"},"5":{"id":291589,"text":"If (i) a check is not presented for payment or given to a depositary bank for collection within thirty days after its date, (ii) the drawee suspends payments after expiration of the thirty-day period without paying the check, and (iii) because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds.","type":"section","prefixes":["f"],"prefix":"f","entire_prefix":"f","prefix_anchor":"f","level":1,"prior_prefix":"e"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.3A-414\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 1964, chapter 219; in 1992, chapter 693.<\/p>","references":[{"id":62163,"section_number":"8.3A-413","catch_line":"Obligation of acceptor","order_by":null,"url":"\/8.3A-413\/"},{"id":57454,"section_number":"8.3A-503","catch_line":"Notice of dishonor","order_by":null,"url":"\/8.3A-503\/"},{"id":71965,"section_number":"8.3A-605","catch_line":"Discharge of endorsers and accommodation parties","order_by":null,"url":"\/8.3A-605\/"},{"id":84859,"section_number":"8.5A-108","catch_line":"Issuer's rights and obligations","order_by":null,"url":"\/8.5A-108\/"}],"refers_to":[{"id":87003,"section_number":"8.3A-115","catch_line":"Incomplete instrument","order_by":null,"url":"\/8.3A-115\/"},{"id":76929,"section_number":"8.3A-407","catch_line":"Alteration","order_by":null,"url":"\/8.3A-407\/"},{"id":78513,"section_number":"8.3A-415","catch_line":"Obligation of endorser","order_by":null,"url":"\/8.3A-415\/"}],"permalink":{"id":282923,"object_type":"law","relational_id":81363,"identifier":"8.3A-414","token":"8.3A\/4\/8.3A-414","url":"\/8.3A-414\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.3A-414\/","token":"8.3A\/4\/8.3A-414","dublin_core":{"Title":"Obligation of drawer","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.3A-414","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"a\"><p><span class=\"prefix-number\">a.<\/span> This section does not apply to cashier&#8217;s checks or other drafts drawn on the drawer. <a id=\"paragraph-291584\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.3A-414\/#a\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"b\"><p><span class=\"prefix-number\">b.<\/span> If an unaccepted draft is dishonored, the drawer is obliged to pay the draft (i) according to its terms at the time it was issued or, if not issued, at the time it first came into <span class=\"dictionary\">possession<\/span> of a holder, or (ii) if the drawer signed an incomplete instrument, according to its terms when completed, to the extent stated in &#xA7;&#xA7; <a class=\"law\" title=\"Incomplete instrument\" href=\"\/8.3A-115\/\">8.3A-115<\/a> and <a class=\"law\" title=\"Alteration\" href=\"\/8.3A-407\/\">8.3A-407<\/a>. The obligation is owed to a person entitled to enforce the draft or to an endorser who paid the draft under &#xA7; <a class=\"law\" title=\"Obligation of endorser\" href=\"\/8.3A-415\/\">8.3A-415<\/a>. <a id=\"paragraph-291585\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.3A-414\/#b\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"c\"><p><span class=\"prefix-number\">c.<\/span> If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained. <a id=\"paragraph-291586\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.3A-414\/#c\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"d\"><p><span class=\"prefix-number\">d.<\/span> If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an endorser under &#xA7; <a class=\"law\" title=\"Obligation of endorser\" href=\"\/8.3A-415\/\">8.3A-415<\/a> (a) and (c). <a id=\"paragraph-291587\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.3A-414\/#d\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"e\"><p><span class=\"prefix-number\">e.<\/span> If a draft states that it is drawn &#8220;without recourse&#8221; or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection (b) to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection (b) is not effective if the draft is a check. <a id=\"paragraph-291588\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.3A-414\/#e\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"f\"><p><span class=\"prefix-number\">f.<\/span> If (i) a check is not presented for payment or given to a depositary bank for collection within thirty days after its date, (ii) the drawee suspends payments after expiration of the thirty-day period without paying the check, and (iii) because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds. <a id=\"paragraph-291589\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.3A-414\/#f\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nOBLIGATION OF DRAWER (\u00a7 8.3A-414)\n\na. This section does not apply to cashier&#8217;s checks or other drafts drawn\non the drawer.\n\nb. If an unaccepted draft is dishonored, the drawer is obliged to pay the draft\n(i) according to its terms at the time it was issued or, if not issued, at the\ntime it first came into possession of a holder, or (ii) if the drawer signed an\nincomplete instrument, according to its terms when completed, to the extent\nstated in &#xA7;&#xA7; 8.3A-115 and 8.3A-407. The obligation is owed to a person\nentitled to enforce the draft or to an endorser who paid the draft under &#xA7;\n8.3A-415.\n\nc. If a draft is accepted by a bank, the drawer is discharged, regardless of\nwhen or by whom acceptance was obtained.\n\nd. If a draft is accepted and the acceptor is not a bank, the obligation of the\ndrawer to pay the draft if the draft is dishonored by the acceptor is the same\nas the obligation of an endorser under &#xA7; 8.3A-415 (a) and (c).\n\ne. If a draft states that it is drawn &#8220;without recourse&#8221; or\notherwise disclaims liability of the drawer to pay the draft, the drawer is not\nliable under subsection (b) to pay the draft if the draft is not a check. A\ndisclaimer of the liability stated in subsection (b) is not effective if the\ndraft is a check.\n\nf. If (i) a check is not presented for payment or given to a depositary bank for\ncollection within thirty days after its date, (ii) the drawee suspends payments\nafter expiration of the thirty-day period without paying the check, and (iii)\nbecause of the suspension of payments, the drawer is deprived of funds\nmaintained with the drawee to cover payment of the check, the drawer to the\nextent deprived of funds may discharge its obligation to pay the check by\nassigning to the person entitled to enforce the check the rights of the drawer\nagainst the drawee with respect to the funds.\n\nHISTORY: Code 1950, \u00a7\u00a7 6-412 through 6-414, 6-471, 6-496, 6-497, 6-503, 6-505,\n6-539, 6-541 through 6-543; 1964, c. 219, \u00a7\u00a7 8.3-411, 8.3-413, 8.3-502; 1992,\nc. 693.","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}}