Effective: August 19, 1994
Latest Legislation: Senate Bill 147 - 120th General Assembly
(A) This section does not apply to cashier's checks or other drafts drawn on the drawer.
(B) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft in accordance with either of the following:
(1) 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;
(2) If the drawer signed an incomplete instrument, according to its terms when completed, to the extent required by sections 1303.11 and 1303.50 of the Revised Code.
The obligation is owed to a person entitled to enforce the draft or to an indorser who paid the draft under section 1303.55 of the Revised Code.
(C) If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained.
(D) 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 indorser under division (A) and (C) of section 1303.55 of the Revised Code.
(E) If a draft states that it is drawn "without recourse" or otherwise disclaims liability of the drawer to pay the draft and the draft is not a check, the drawer is not liable under division (B) of this section to pay the draft. A disclaimer of the liability stated in division (B) of this section is not effective if the draft is a check.
(F) If a check is not presented for payment or given to a depositary bank for collection within thirty days after its date, the drawee suspends payments after expiration of the thirty-day period without paying the check, and, 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.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1303 | Commercial Paper
Section 1303.01 | Definitions - Ucc 3-103.
Section 1303.02 | Subject Matter - Ucc 3-102.
Section 1303.03 | Negotiable Instrument - Ucc 3-104.
Section 1303.04 | Issue of Instrument - Ucc 3-105(b).
Section 1303.05 | Unconditional Promise or Order - Ucc 3-106.
Section 1303.06 | Instrument Payable in Foreign Money - Ucc 3-107.
Section 1303.07 | Payable on Demand or at Definite Time - Ucc 3-108.
Section 1303.08 | Identification of Person to Whom Instrument Is Payable - Ucc 3-110.
Section 1303.09 | Place of Payment - Ucc 3-111.
Section 1303.10 | Payable to Bearer or to Order - Ucc 3-109.
Section 1303.11 | Incomplete Instrument - Ucc 3-115.
Section 1303.12 | Interest - Ucc 3-112.
Section 1303.13 | Date of Instrument - Ucc 3-113.
Section 1303.14 | Joint and Several Liability - Contribution - Ucc 3-116.
Section 1303.15 | Other Agreements Affecting Instrument - Ucc 3-117.
Section 1303.16 | Statute of Limitations - Ucc 3-118.
Section 1303.17 | Contradictory Terms of Instrument - Ucc 3-114.
Section 1303.18 | Notice of Right to Defend Action - Ucc 3-119.
Section 1303.21 | Negotiation - Ucc 3-201.
Section 1303.22 | Transfer of Instrument - Rights Acquired by Transfer - Ucc 3-203.
Section 1303.23 | Negotiation Subject to Rescission - Ucc 3-202.
Section 1303.24 | Indorsement - Ucc 3-204.
Section 1303.25 | Special Indorsement - Blank Indorsement - Anomalous Indorsement - Ucc 3-205.
Section 1303.26 | Restrictive Indorsement - Ucc 3-206.
Section 1303.27 | Reacquisition - Ucc 3-207.
Section 1303.31 | Person Entitled to Enforce Instrument - Ucc 3-301.
Section 1303.32 | Holder in Due Course - Ucc 3-302.
Section 1303.33 | Value and Consideration - Ucc 3-303.
Section 1303.34 | Overdue Instrument - Ucc 3-304.
Section 1303.35 | Defenses and Claims in Recoupment - Ucc 3-305.
Section 1303.37 | Notice of Breach of Fiduciary Duty - Ucc 3-307.
Section 1303.38 | Enforcement of Lost, Destroyed or Stolen Instrument - Ucc 3-309.
Section 1303.39 | Effect of Instrument on Obligation for Which Taken - Ucc 3-310.
Section 1303.40 | Accord and Satisfaction by Use of Instrument - Ucc 3-311.
Section 1303.41 | Signature - Ucc 3-401.
Section 1303.42 | Signature by Representative - Ucc 3-402.
Section 1303.43 | Unauthorized Signature - Ucc 3-403.
Section 1303.44 | Impostors - Fictitious Payees - Ucc 3-404.
Section 1303.45 | Drawee Not Liable on Unaccepted Draft - Ucc 3-408.
Section 1303.46 | Acceptance of Draft - Certified Check - Ucc 3-409.
Section 1303.47 | Employer's Responsibility for Fraudulent Indorsement by Employee - Ucc 3-405.
Section 1303.48 | Acceptance Varying Draft - Ucc 3-410.
Section 1303.50 | Alteration - Ucc 3-407.
Section 1303.51 | Refusal to Pay Cashier's Checks, Teller's Checks and Certified Checks - Ucc 3-411.
Section 1303.52 | Obligation of Issuer of Note or Cashier's Check - Ucc 3-412.
Section 1303.53 | Obligation of Acceptor - Ucc 3-413.
Section 1303.54 | Obligation of Drawer - Ucc 3-414.
Section 1303.55 | Obligation of Indorser - Ucc 3-415.
Section 1303.56 | Transfer Warranties - Ucc 3-416.
Section 1303.57 | Presentment Warranties - Ucc 3-417.
Section 1303.58 | Payment or Acceptance by Mistake - Ucc 3-418.
Section 1303.59 | Instruments Signed for Accommodation - Ucc 3-419.
Section 1303.60 | Conversion of Instrument - Ucc 3-420.
Section 1303.61 | Presentment - Ucc 3-501.
Section 1303.62 | Dishonor - Ucc 3-502.
Section 1303.63 | Notice of Dishonor - Ucc 3-503.
Section 1303.64 | Excused Presentment and Notice of Dishonor - Ucc 3-504.
Section 1303.65 | Evidence of Dishonor - Ucc 3-505.
Section 1303.66 | Discharge and Effect of Discharge - Ucc 3-601.
Section 1303.67 | Payment - Ucc 3-602.
Section 1303.68 | Tender of Payment - Ucc 3-603.
Section 1303.69 | Discharge by Cancellation or Renunciation - Ucc 3-604.
Section 1303.70 | Discharge of Secondary Obligors - Ucc 3-605.