Colorado Revised Statutes

Colo. Rev. Stat. § 4-3-409 (2026)

Acceptance of draft; certified check

✓ current as of July 2026

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(a) "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.

(b) A draft may be accepted although it has not been signed by the drawer, is otherwise incomplete, is overdue, or has been dishonored.

(c) 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.

(d) "Certified check" means a check accepted by the bank on which it is drawn. Acceptance may be made as stated in subsection (a) of this section or by a writing on the check which 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.

Source: L. 94: Entire article R&RE, p. 866, § 1, effective January 1, 1995.

Editor's note: This section is similar to former §§ 4-3-409, 4-3-410, and 4-3-411 as they existed prior to 1994.

Notes of Decisions

Cited in 2 cases, 1983–1990 · leading case: Brent Explorations, Inc. v. Karst Enter., Inc. (In Re Brent Explorations, Inc.), 31 B.R. 745 (Bankr.D. Colo. 1983).

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Brent Explorations, Inc. v. Karst Enter., Inc. (In Re Brent Explorations, Inc.), 31 B.R. 745 (Bankr.D. Colo. 1983). · cites it 2× “Under Section 4-3-409, C.R. S.1973, a check is just an order to the bank to pay the sum stated and there is no transfer until it is paid.”

First Nat'l Bank v. Ford Motor Credit Co., 748 F. Supp. 1464 (D. Colo. 1990). · cites it 4× “UCC § 3-409, Colo.Rev.Stat. § 4-3-409 (1973) (emphasis added).”

— Colo. Rev. Stat. § 4-3-409(1) — 1 case

First Nat'l Bank v. Ford Motor Credit Co., 748 F. Supp. 1464 (D. Colo. 1990). “UCC § 3-409, Colo.Rev.Stat. § 4-3-409 (1973) (emphasis added).”

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