O.C.G.A.

O.C.G.A. § 11-3-113 (2019)

Date of instrument

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period after date. Except as provided in subsection (c) of Code Section 11-4-401, an instrument payable on demand is not payable before the date of the instrument.

(b) If an instrument is undated, its date is the date of its issue or, in the case of an unissued instrument, the date it first comes into possession of a holder.

History

Code 1981, § 11-3-113, enacted by Ga. L. 1996, p. 1306, § 3.

Annotations

Law reviews. For article discussing parol evidence in

the law of commercial paper, see 13 Ga. L. Rev. 53 (1978). For note, “The Law of Evidence in the Uniform Commercial Code,” see 1 Ga. L. Rev. 44 (1966).

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 109A-1201 are included in the annotations for this Code section. Presumption that date on an instrument is correct is not conclusive,

and may be overcome by parol evidence that it was in fact made on another date. Pazol v. Citizens Nat’l Bank, 110 Ga. App. 319, 138 S.E.2d 442, 1964 Ga. App. LEXIS 617 (1964) (decided under former Code 1933, § 109A-1-201).

RESEARCH REFERENCES Am. Jur. 2d. 11 Am. Jur. 2d, Banks and Financial Institutions, § 898. 11 Am. Jur. 2d, Bills and Notes, §§ 67, 124, 190 et seq. C.J.S. 10 C.J.S., Bills and Notes, §§ 86 et seq., 127. U.L.A. Uniform Commercial Code (U.L.A.) § 3113. ALR. Right of transferee of postdated check, 21 A.L.R. 234. Time as of which postdated check

deemed payment or acknowledgment of original obligation for purposes of statute of limitations in action on original obligation, 150 A.L.R. 858. Controlling date in case of check or note for purpose of unlawful preference provisions of bankruptcy or insolvency statute, 7 A.L.R.2d 1015. Application of “bad check” statute with respect to postdated checks, 52 A.L.R.3d 464. Extent of bank’s liability for paying postdated check, 31 A.L.R.4th 329.