{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.4-405.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.4-405.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.4-405.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.4-405.html"}],"law_id":78330,"edition_id":1,"section_id":78330,"structure_id":13333,"section_number":"8.4-405","catch_line":"Death or incompetence of customer","history":"Code 1950, \u00a7 6-540; 1964, c. 219; 1992, c. 693; 1997, c. 801.","full_text":"a\n\nA payor or collecting bank’s authority to accept, pay or collect an item or to account for proceeds of its collection if otherwise effective is not rendered ineffective by the incapacity of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incapacity. Neither death nor incapacity of a customer revokes the authority to accept, pay, collect or account until the bank knows of the fact of death or of an adjudication of incapacity and has reasonable opportunity to act on it.b\n\nEven with knowledge a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.","order_by":null,"text":{"0":{"id":280759,"text":"A payor or collecting bank’s authority to accept, pay or collect an item or to account for proceeds of its collection if otherwise effective is not rendered ineffective by the incapacity of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incapacity. Neither death nor incapacity of a customer revokes the authority to accept, pay, collect or account until the bank knows of the fact of death or of an adjudication of incapacity and has reasonable opportunity to act on it.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":280760,"text":"Even with knowledge a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a"}},"ancestry":[{"id":13333,"edition_id":1,"name":"Relationship Between Payor Bank and Its Customer","identifier":"4","label":"part","depth":2,"order_by":1,"parent_id":12768,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":283139,"object_type":"structure","relational_id":13333,"identifier":"4","token":"8.4\/4","url":"\/8.4\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12768,"edition_id":1,"name":"Commercial Code \u2014 Bank Deposits and Collections","identifier":"8.4","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":282995,"object_type":"structure","relational_id":12768,"identifier":"8.4","token":"8.4","url":"\/8.4\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69237,"structure_id":13333,"section_number":"8.4-401","catch_line":"When bank may charge customer's account","url":"\/8.4-401\/","token":"8.4\/4\/8.4-401","metadata":false},{"id":54315,"structure_id":13333,"section_number":"8.4-402","catch_line":"Bank's liability to customer for wrongful dishonor; time of determining insufficiency of account","url":"\/8.4-402\/","token":"8.4\/4\/8.4-402","metadata":false},{"id":67226,"structure_id":13333,"section_number":"8.4-403","catch_line":"Customer's right to stop payment; burden of proof of loss","url":"\/8.4-403\/","token":"8.4\/4\/8.4-403","metadata":false},{"id":86835,"structure_id":13333,"section_number":"8.4-404","catch_line":"Bank not obligated to pay check more than six months old","url":"\/8.4-404\/","token":"8.4\/4\/8.4-404","metadata":false},{"id":78330,"structure_id":13333,"section_number":"8.4-405","catch_line":"Death or incompetence of customer","url":"\/8.4-405\/","token":"8.4\/4\/8.4-405","metadata":false},{"id":56628,"structure_id":13333,"section_number":"8.4-406","catch_line":"Customer's duty to discover and report unauthorized signature or alteration","url":"\/8.4-406\/","token":"8.4\/4\/8.4-406","metadata":false},{"id":57675,"structure_id":13333,"section_number":"8.4-407","catch_line":"Payor bank's right to subrogation on improper payment","url":"\/8.4-407\/","token":"8.4\/4\/8.4-407","metadata":false}],"previous_section":{"id":86835,"structure_id":13333,"section_number":"8.4-404","catch_line":"Bank not obligated to pay check more than six months old","url":"\/8.4-404\/","token":"8.4\/4\/8.4-404","metadata":false},"next_section":{"id":56628,"structure_id":13333,"section_number":"8.4-406","catch_line":"Customer's duty to discover and report unauthorized signature or alteration","url":"\/8.4-406\/","token":"8.4\/4\/8.4-406","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.4-405\/","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 1964, chapter 219; in 1992, chapter 693; in 1997, chapter 801<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":283157,"object_type":"law","relational_id":78330,"identifier":"8.4-405","token":"8.4\/4\/8.4-405","url":"\/8.4-405\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.4-405\/","token":"8.4\/4\/8.4-405","dublin_core":{"Title":"Death or incompetence of customer","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.4-405","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> A payor or collecting bank<\/span>’s authority to accept, pay or collect an item or to account for proceeds of its collection if otherwise effective is not rendered ineffective by the incapacity of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incapacity. Neither death nor incapacity of a customer revokes the authority to accept, pay, collect or account until the bank knows of the fact<\/span> of death or of an adjudication of incapacity and has reasonable opportunity to act on it. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Even with knowledge a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEATH OR INCOMPETENCE OF CUSTOMER (\u00a7 8.4-405)\n\na. A payor or collecting bank’s authority to accept, pay or collect an\nitem or to account for proceeds of its collection if otherwise effective is not\nrendered ineffective by the incapacity of a customer of either bank existing at\nthe time the item is issued or its collection is undertaken if the bank does not\nknow of an adjudication of incapacity. Neither death nor incapacity of a\ncustomer revokes the authority to accept, pay, collect or account until the bank\nknows of the fact of death or of an adjudication of incapacity and has\nreasonable opportunity to act on it.\n\nb. Even with knowledge a bank may for ten days after the date of death pay or\ncertify checks drawn on or before that date unless ordered to stop payment by a\nperson claiming an interest in the account.\n\nHISTORY: Code 1950, \u00a7 6-540; 1964, c. 219; 1992, c. 693; 1997, c. 801.","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}}