                                 CODE OF VIRGINIA

TRANSFER WARRANTIES (§ 8.4-207.1)

a. A customer or collecting bank that transfers an item and receives a
settlement or other consideration warrants to the transferee and to any
subsequent collecting bank that:

   1. the warrantor is a person entitled to enforce the item;

   2. all signatures on the item are authentic and authorized;

   3. the item has not been altered;

   4. the item is not subject to a defense or claim in recoupment (&#xA7;
   8.3A-305 (a) ) of any party that can be asserted against the warrantor; and

   5. the warrantor has no knowledge of any insolvency proceeding commenced with
   respect to the maker or acceptor or, in the case of an unaccepted draft, the
   drawer.

b. If an item is dishonored, a customer or collecting bank transferring the item
and receiving settlement or other consideration is obliged to pay the amount due
on the item (i) according to the terms of the item at the time it was
transferred, or (ii) if the transfer was of an incomplete item, according to its
terms when completed as stated in &#xA7;&#xA7; 8.3A-115 and 8.3A-407. The
obligation of a transferor is owed to the transferee and to any subsequent
collecting bank that takes the item in good faith. A transferor cannot disclaim
its obligation under this subsection by an endorsement stating that it is made
&#8220;without recourse&#8221; or otherwise disclaiming liability.

c. A person to whom the warranties under subsection (a) are made and who took
the item in good faith may recover from the warrantor as damages for breach of
warranty an amount equal to the loss suffered as a result of the breach, but not
more than the amount of the item plus expenses and loss of interest incurred as
a result of the breach.

d. The warranties stated in subsection (a) cannot be disclaimed with respect to
checks. Unless notice of a claim for breach of warranty is given to the
warrantor within thirty days after the claimant has reason to know of the breach
and the identity of the warrantor, the warrantor is discharged to the extent of
any loss caused by the delay in giving notice of the claim.

e. A cause of action for breach of warranty under this section accrues when the
claimant has reason to know of the breach.

HISTORY: 1992, c. 693.