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§ 3-206 RESTRICTIVE INDORSEMENT. Uniform Commercial Code LII Legal Information Institute


A bank is usually legally responsible if it accepts an improperly endorsed check but it may not be liable if it accepted the check in good faith and your failure to exercise ordinary care contributed to the alteration or forgery, according to the U.S. Equifax Data BreachThis is the largest data breach in history, affecting over 40 million people. Make sure your credit reports and personal information have not been affected. Don’t be fooled into thinking that the creditor has to follow the letter’s requirements to cash your check.

Primarily, this type of endorsement limits the use of an instrument or check. One of its common examples includes a “For Deposit Only” check, which confines a check holder to deposit the amount in their account only. A restrictive endorsement includes not only the signature of the endorser but the words “For Deposit Only” and the bank account number or financial institution in which it is to be deposited. This prevents anyone else from cashing or depositing the check into an incorrect account or institution. A restrictive endorsement limits the use of a financial instrument (usually a check). The result of a restrictive endorsement is that a financial instrument is no longer a negotiable instrument that can be passed from the stated payee to a third party.

It can’t be cashed at a teller window, nor can it be deposited into any other account that doesn’t match the name “Emily Designs”. Essentially, an endorsement represents the signature to authorize the transfer of a negotiable instrument. There, it refers to an amendment that modifies and adds something to the original policy. There are several types of endorsement, including a restrictive endorsement. Where securities bearing restrictive endorsements shipped by a bank have been lost, stolen, or destroyed, a bond of indemnity with surety satisfactory to the Secretary of the Treasury will be required from the owner. If such bond is executed by a bank or other corporation, the execution must be authorized by general or special resolution of the board of directors, or other body exercising similar functions under its bylaws.

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Another example of a restrictive endorsement is Pay to the order of John Doe, which allows only John Doe to cash the check. The moment you sign the back of the check, you give your bank the green light to collect and process the payment. Endorsing in this context means signing the back of the check. If you don’t endorse a check, the bank won’t be able to process it. (https://fooplugins.com) The check may “clear” your account right away if the funds are available but the checks in these situations are usually fraudulent. It can take days to discover the fraud and you must then repay your bank any funds you’ve withdrawn based on the fraudulent check.

  • A third-party endorsement involves signing over a check made out to you to someone else.
  • Solid financial advice with real-life steps to take to budget better and save more.
  • A special endorsement, like a standard bank check, includes the name of the payee as well as a signature.
  • The term endorsement refers to signing a negotiable instrument to transfer the rights in the future.
  • A sponsorship is usually and athlete as the athlete will use the products very visibly in competition.

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content in this publication. The information in this publication does not constitute legal, tax or other professional advice from Wise Payments Limited or its affiliates. We make no representations, warranties or guarantees, whether express or implied, that the content in the publication is accurate, complete or up to date.

What is a Restrictive Endorsement?

If you use a bank lockbox to deposit all incoming checks, then impose a procedure where the bank staff does not deposit any checks containing restrictive endorsements, and instead forwards them to the company for review. Simply put, collecting debts in an economy that’s been hit hard since 2007 is harder than ever. Collection agencies, as well as creditors, know that collecting money is their biggest priority but also their biggest obstacle.

Example of a Restrictive Endorsement

Enhanced content is provided to the user to provide additional context. Endorsement is defined as the act of giving your approval or recommendation to something, usually in a public manner. When a famous athlete announces that he wears a certain brand of sneakers, this is an example of an endorsement for the sneaker brand. However, Emily is going on a short vacation and doesn’t want to leave the check at her office. She doesn’t want anyone, even a trusted friend or colleague, to potentially cash it on her behalf.

What is the difference between endorsement and indorsement?

For example, § 3–206(a) prevents a restrictive endorsement from being effective beyond the payment for which the endorsement applies. A restrictive endorsement is commonly used to settle a debt, satisfy the other party, and protect yourself from future collections. A RE can also mean benign actions like “for deposit only,” meaning the check will be deposited, not cashed out. In terms of collectors, many people use a RE to settle a debt. They may have attached a settlement letter to the check and sent them both in one envelope to the creditor. Bearer securities bearing restrictive endorsements as herein provided will thereafter be nonnegotiable and payment, redemption, or exchange will be made only as provided in such endorsements.

Is a blank endorsement the safest type of endorsement?

Learning to endorse a check is a basic part of financial literacy, so be sure you know how the system works. Your bank will probably tell you to deposit the funds into your account first then send the funds differently if you try to endorse a check this way. The check will bounce otherwise and you won’t be able to access the funds. The most common restrictive endorsement is the phrase For Deposit Only written along with the payee’s signature on the back of a check. Other wording for a similar restrictive endorsement might be Pay to the Order of Sample Bank for deposit to account #xxxx followed by the payee’s signature.

Ordinarily, no surety will be required on a bond executed by a presenting bank. The Secretary of the Treasury reserves the right, however, to require a surety in any case in which he considers such action necessary for the protection of the United States. A special endorsement, like a standard bank check, includes the name of the payee as well as a signature.

It’s a smart idea to work out the terms of the RE before you send it to ensure the creditor agrees. Take note of who you are sending it to and their physical location. You wouldn’t want to send a RE to a lockbox or payment processing center where they don’t read letters. This definition is limited to institutions incorporated within the United States, its territories and possessions, the Commonwealth of Puerto Rico and the Canal Zone. (b) An indorsement stating
a condition to the right of the indorsee to receive payment does not affect
the right of the indorsee to enforce the instrument. A
person paying the instrument or taking it for value or collection may disregard
the condition, and the rights and liabilities of that person are not affected
by whether the condition has been fulfilled.

Discover what FDIC insurance is, its limits, and the types of accounts it covers. Learn if your money is safe in banks, credit unions, and with CDs. A special (third party) endorsement is one in which you sign the check money off to a third party. Call your bank and ask if it will allow you to cash a third-party check and, if so, how you can do so.

Usually, if you endorse a check via mobile, you will have to do a restrictive endorsement. Be sure to write ‘For mobile deposit only’ in the endorsement area, default on a payment definition and meaning so that the bank knows what type of endorsement it is. With a restrictive endorsement, you have control over which bank account the check ends up in.

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