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HomeCommercial CodeDiv. 3Ch. 4§ 3410 Draft Acceptance Terms

§ 3410 Draft Acceptance Terms

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 3410 Draft Acceptance Terms

Key Takeaways

  • •If someone changes the terms of a check when they agree to pay it, the person holding the check can say no and treat it like it was refused.
  • •If the check says where to pay it (like a specific bank), but doesn’t say it *only* has to be paid there, the terms aren’t considered changed.
  • •If the person holding the check agrees to the changes, the people who signed the check before (like the person who wrote it) might not have to pay anymore.

Example

You write a check to your friend for $100 to be paid at any bank. Your friend takes it to their bank, and the bank says they’ll pay it but *only* at their bank.

Since the bank added 'only' to the payment place, your friend can say no and treat the check like it was refused. If your friend agrees to the change, you might not have to pay anymore because the terms changed.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3410 Draft Acceptance Terms

(a) If the terms of a drawee’s acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat the draft as dishonored. In that case, the drawee may cancel the acceptance. (b) The terms of a draft are not varied by an acceptance to pay at a particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at that bank or place. (c) If the holder assents to an acceptance varying the terms of a draft, the obligation of each drawer and indorser that does not expressly assent to the acceptance is discharged. (Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)

Last verified: January 23, 2026

Key Terms

drawee’s acceptancedraftholderdishonoreddrawerindorser

Related Statutes

  • § 3414 Drawer Obligation Dishonored Draft
  • § 3412 Issuer Obligation To Pay
  • § 3415 Indorser Payment Obligation
  • § 3418 Recovery For Mistaken Payment
  • § 3408 Check Not Funds Assignment

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 3410.
View Official Source