Is postdating a check legal

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(4) A cheque is not incomplete or irregular on its face by reason only that it is post-dated (whether or not the date has arrived).

The Commonwealth Bank of Australia's rules and conditions for cheques (2014: Section 1.7.6 'Dishonour of cheques') clearly state that a cheque will be dishonoured if it is presented before the post-date as written on the cheque for the reason that, '..cheque bears a date that is in the future.

However, a bank may refuse to honour a cheque if the post-date is noticed; otherwise, the payer has no right to take any form of legal action against the bank for letting the cheque be processed.

In the United States, national banks are permitted to pay checks even though payment occurs prior to the date of the check.

In Serbia post-dating cheques is a customary practice in the retail industry.

If a Canadian financial institution inadvertently accepts and processes a cheque before the due date, the cheque writer may ask his or her financial institution to return the amount until the day before the cheque should have been cashed.The Uniform Commercial Code states that a bank may honor a postdated check provided the check is otherwise safe to cash and the account owner has not provided the bank with "reasonable notice of the postdating.This means that a tenant may legally postdate a check to you and that you may even be able to cash it when you receive it, but if the bank has been notified of the postdating you will have to wait until the date listed on the check instrument before you may receive the funds.In the UK the legislation is clear; 'A cheque is a bill of exchange drawn on a banker payable on demand'.In the United Kingdom, post-dating a cheque carries no legal weight and so such a cheque can be cashed before the due date.

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