Illinois Compiled Statutes

810 ILCS 5/3-409 (2026)

Acceptance of draft; certified check

✓ current as of May 2026
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(810 ILCS 5/3-409) (from Ch. 26, par. 3-409)
    Sec. 3-409. Acceptance of draft; certified check.
    (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) 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: P.A. 87-582.)

    
Notes of Decisions
Cited in 2 cases, 1996–2016 · leading case: Affiliated Heath Grp., Ltd v. Devon Bank, 2016 IL App (1st) 152685 (Ill. App. Ct. 2016).
Affiliated Heath Grp., Ltd v. Devon Bank, 2016 IL App (1st) 152685 (Ill. App. Ct. 2016). “" 810 ILCS 5/3-409(a) (West 2014). The UCC defines a drawee as "a person ordered in a draft to make payment.”
Fed. Carr. Cas. P 84,017, 29 Ucc rep.serv.2d 1239 Ctr. Video Indus. Co., Inc., an Illinois Corp. v. Roadway Package Sys., Inc., a Delaware Corp., 90 F.3d 185 (7th Cir. 1996). “" 810 ILCS 5/3-409(d)). "The term 'certified check' has a definite and accepted commercial meaning with specific characteristics unique to such an instrument and to no other.”
— 810 ILCS 5/3-409(a) — 1 case
Affiliated Heath Grp., Ltd v. Devon Bank, 2016 IL App (1st) 152685 (Ill. App. Ct. 2016). “" 810 ILCS 5/3-409(a) (West 2014). The UCC defines a drawee as "a person ordered in a draft to make payment.”
— 810 ILCS 5/3-409(d) — 1 case
Fed. Carr. Cas. P 84,017, 29 Ucc rep.serv.2d 1239 Ctr. Video Indus. Co., Inc., an Illinois Corp. v. Roadway Package Sys., Inc., a Delaware Corp., 90 F.3d 185 (7th Cir. 1996). “" 810 ILCS 5/3-409(d)). "The term 'certified check' has a definite and accepted commercial meaning with specific characteristics unique to such an instrument and to no other.”
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