Tennessee Code Annotated

Tenn. Code Ann. § 47-3-409 (2026)

Acceptance of draft - Certified check

✓ current as of May 2026

Find cases: SyfertCases citing this section JustiaTenn. Code CornellLII Search CasesGoogle Scholar

(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.

Acts 1995, ch. 397, § 2.

Notes of Decisions

Cited in 5 cases, 1983–1985 · leading case: Ray v. Gulf Oil Prods. (In Re Blanton Smith Corp.), 37 B.R. 303 (Bankr. M.D. Tenn. 1984).

Sort: Relevance Newest Treatment

Ray v. Gulf Oil Prods. (In Re Blanton Smith Corp.), 37 B.R. 303 (Bankr. M.D. Tenn. 1984). · cites it 2× “Under the law of Tennessee, as in most states, a transfer of a check is not “perfected” as defined by § 547(e)(1)(B) until the date that the bank actually honors the check.”

Heinold Commodities & Sec., Inc. v. Hunt (In Re Hunt), 30 B.R. 425 (M.D. Tenn. 1983). “§ 47-3-104(2)(b), § 47-3-104(l)(b), § 47-3-413(2) and § 47-3-409(1). 19 . It is not clear when the debtor would have to cover the checks written to the plaintiffs.”

First Am. Nat'l Bank of Nashville v. Com. Union Bank of White Cnty., 692 S.W.2d 642 (Tenn. Ct. App. 1985). · cites it 6× “T.C.A. § 47-3-409. A drawee may become liable for conversion by refusing to pay or return the instrument on demand or payment on a forged endorsement.”

Davis v. Am. Express Co. (In Re Wilson), 56 B.R. 74 (Bankr. E.D. Tenn. 1985). · cites it 2× “” Tenn.Code Ann. § 47-3-409(1) (1979). Since a check is not an assignment of a customer’s funds but merely represents the customer’s order upon the bank to pay a specified sum to the order of a certain person, a number of events between issuance and presentment might interfere…”

Dickenson v. Owens-Corning Fiberglas Corp. (In Re Insulation Materials, Inc.), 47 B.R. 832 (Bankr. E.D. Tenn. 1985). · cites it 2× “” Tenn.Code Ann. § 47-3-409(1) (1979). As the court in In re Duffy stated: A check itself does not vest in the payee any title to or interest in the funds held by the drawee bank.”

— Tenn. Code Ann. § 47-3-409(1) — 4 cases

Ray v. Gulf Oil Prods. (In Re Blanton Smith Corp.), 37 B.R. 303 (Bankr. M.D. Tenn. 1984). “Under the law of Tennessee, as in most states, a transfer of a check is not “perfected” as defined by § 547(e)(1)(B) until the date that the bank actually honors the check.”

Davis v. Am. Express Co. (In Re Wilson), 56 B.R. 74 (Bankr. E.D. Tenn. 1985). “” Tenn.Code Ann. § 47-3-409(1) (1979). Since a check is not an assignment of a customer’s funds but merely represents the customer’s order upon the bank to pay a specified sum to the order of a certain person, a number of events between issuance and presentment might interfere…”

Dickenson v. Owens-Corning Fiberglas Corp. (In Re Insulation Materials, Inc.), 47 B.R. 832 (Bankr. E.D. Tenn. 1985). “” Tenn.Code Ann. § 47-3-409(1) (1979). As the court in In re Duffy stated: A check itself does not vest in the payee any title to or interest in the funds held by the drawee bank.”

— Tenn. Code Ann. § 47-3-409(2) — 1 case

First Am. Nat'l Bank of Nashville v. Com. Union Bank of White Cnty., 692 S.W.2d 642 (Tenn. Ct. App. 1985). “T.C.A. § 47-3-409. A drawee may become liable for conversion by refusing to pay or return the instrument on demand or payment on a forged endorsement.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.