                                 CODE OF VIRGINIA

ISSUE OF INSTRUMENT (§ 8.3A-105)

a. &#8220;Issue&#8221; means

   1. the first delivery of an instrument by the maker or drawer, whether to a
   holder or nonholder, for the purpose of giving rights on the instrument to any
   person; or

   2. if agreed by the payee, the first transmission by the drawer to the payee
   of an image of an item and information derived from the item that enables the
   depositary bank to collect the item by transferring or presenting under
   federal law an electronic check.

b. An unissued instrument, or an unissued incomplete instrument that is
completed, is binding on the maker or drawer, but nonissuance is a defense. An
instrument that is conditionally issued or is issued for a special purpose is
binding on the maker or drawer, but failure of the condition or special purpose
to be fulfilled is a defense.

c. &#8220;Issuer&#8221; applies to issued and unissued instruments and means a
maker or drawer of an instrument.

HISTORY: Code 1950, §§ 6-368, 6-380, 6-410, 6-411, 6-544; 1964, c. 219, §§
8.3-102, 8.3-306; 1992, c. 693; 2024, c. 652.