# Lodging a Bank Draft



## Chieftain197 (6 Feb 2009)

Hi all,

I have a bank draft made out to my wife's maiden name.  Am I able to lodge this to my current account if she signs the back of it?  We don't have any bank accounts with her maiden name on it, although we do have a joint account in another bank, but there are no branches near me.

Any info would be appreciated.


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## Gulliver (6 Feb 2009)

Number of options:-
1...Your bank may accept the draft with your wifes endorsement, particularly if they know you - but some banks now adopt a clear policy that all items must be lodged to the named account.
2...If the draft is drawn on a bank branch near you, you can go to that bank and request either encashment or ask them to credit proceeds to your account.  In fact, if going this route, it would be best if your wife went to that bank.  She may be asked for identification there.
3...There should be no difficulty in lodging to your joint account - again you could be asked for ID.


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## Smashbox (6 Feb 2009)

Does your wife have any photo id with her maiden name on it? I would talk to a bank official and see what they can do.


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## Padraigb (6 Feb 2009)

Gulliver said:


> ... but some banks now adopt a clear policy that all items must be lodged to the named account...



Can they legally do that? A bank draft is, in law, a negotiable instrument and transferable by endorsement and delivery -- that is, signing it and handing it over to the intended recipient.


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## AgathaC (6 Feb 2009)

Yes, it should be fine once it is endorsed by the original payee, you will probably then have to endorse it also in order to lodge it into your account. There should be no problem in lodging it.


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## Perplexed (7 Feb 2009)

Most bank drafts are crossed "A/C Payee Only" & therefore will have to be lodged to an a/c in your wife's name.  You will be able to lodge it to the joint a/c if you provide your marriage cert. This will show the maiden name and married name.
This would be the policy where I work anyway in BOI.


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## Padraigb (7 Feb 2009)

Perplexed said:


> Most bank drafts are crossed "A/C Payee Only" & therefore will have to be lodged to an a/c in your wife's name.  You will be able to lodge it to the joint a/c if you provide your marriage cert. This will show the maiden name and married name.
> This would be the policy where I work anyway in BOI.



I trust you when you say it is policy. But it is not the law. A cheque with a general crossing must be lodged in a bank, but not necessarily an account in the payee's name. If it is properly endorsed, it can be lodged to anybody's account.


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## Gulliver (7 Feb 2009)

Padraigb said:


> Can they legally do that? A bank draft is, in law, a negotiable instrument and transferable by endorsement and delivery -- that is, signing it and handing it over to the intended recipient.


 
It is transferable only if the transferee accepts it, and there is no obligation to do so. There is no legislation which forces a bank to accept any particular item, unless they are fully satisfied that the item is presented in accordance with the drawers wishes. The draft is almost certainly crossed, which is an indication that, in effect, the drawer wishes to limit negotiability. Each bank is free under law (or lack of it) to adopt its own policies and procedures re acceptance of cheques, drafts, etc.


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## Padraigb (7 Feb 2009)

My first reaction is annoyance that banks choose, for their own convenience, to impose limits on the negotiability of cheques (and it's only a convenience issue, as cheques are lodged subject to clearing).

So we (particularly Chieftain197 and his wife) are faced with a seeming absurdity: she has no account in her maiden name; she has no account in her sole name; she prefers that it be lodged in an account in her husband's name than in an account elsewhere in their joint names.

So what would happen if she took it to the bank where her husband has an account and completes a lodgement slip to deposit the draft in his account?


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## Crugers (8 Feb 2009)

Not being smart but you are back to the _'hole in the bucket'_ scenario -


> ...that banks choose, for their own convenience, to impose limits on the negotiability of cheques...


 
See


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