§ 28:3–408. Drawee not liable on unaccepted draft.
A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the drawee accepts it.
(Dec. 30, 1963, 77 Stat. 683, Pub. L. 88-243, § 1 ; Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467 .)
Prior Codifications
1981 Ed., § 28:3-408.
1973 Ed., § 28:3-409.
Uniform Commercial Code Comment
1. This section is a restatement of former Section 3-409(1). Subsection (2) of former Section 3-409 is deleted as misleading and superfluous. Comment 3 says of subsection (2): “It is intended to make it clear that this section does not in any way affect any liability which may arise apart from the instrument.“ In reality subsection (2) did not make anything clear and was a source of confusion. If all it meant was that a bank that has not certified a check may engage in other conduct that might make it liable to a holder, it stated the obvious and was superfluous. Section 1-103 is adequate to cover those cases.
2. Liability with respect to drafts may arise under other law. For example, Section 4-302 imposes liability on a payor bank for late return of an item.
