30-3-410. Acceptance of draft -- certified check. (1) "Acceptance" means the drawee's signed agreement to pay a draft as presented. It must be written on the draft and may consist of the drawee's signature alone. Acceptance may be made at any time and becomes effective when notification pursuant to instructions is given or the accepted draft is delivered for the purpose of giving rights on the acceptance to any person.
(2) A draft may be accepted although it has not been signed by the drawer, is otherwise incomplete, is overdue, or has been dishonored.
(3) If a draft is payable at a fixed period after sight and the acceptor fails to date the acceptance, the holder may complete the acceptance by supplying a date in good faith.
(4) "Certified check" means a check accepted by the bank on which it is drawn. Acceptance may be made as stated in subsection (1) or by a writing on the check that indicates that the check is certified. The drawee of a check has no obligation to certify the check, and refusal to certify is not dishonor of the check.
History: En. Sec. 3-410, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-410; amd. Sec. 133, Ch. 410, L. 1991.
Structure Montana Code Annotated
Chapter 3. Uniform Commercial Code Negotiable Instruments
30-3-403. Signature by representative
30-3-404. Unauthorized signatures
30-3-405. Impostors -- fictitious payees
30-3-406. Negligence contributing to forged signature or alteration of instrument
30-3-409. Drawee not liable on unaccepted draft
30-3-410. Acceptance of draft -- certified check
30-3-412. Acceptance varying draft
30-3-414. Obligation of indorser
30-3-415. Instruments signed for accommodation
30-3-419. Conversion of instrument
30-3-420. Employer responsibility for fraudulent indorsement by employee
30-3-421. Refusal to pay cashier's checks, teller's checks, and certified checks
30-3-422. Obligation of acceptor
30-3-423. Obligation of drawer