8.3A-115 - A-115. Incomplete instrument. - Virginia Statutes

§ 8.3A-115. Incomplete instrument.

(a) "Incomplete instrument" means a signed writing, whether or not issuedby the signer, the contents of which show at the time of signing that it isincomplete but that the signer intended it to be completed by the addition ofwords or numbers.

(b) Subject to subsection (c), if an incomplete instrument is an instrumentunder § 8.3A-104, it may be enforced according to its terms if it is notcompleted, or according to its terms as augmented by completion. If anincomplete instrument is not an instrument under § 8.3A-104, but, aftercompletion, the requirements of § 8.3A-104 are met, the instrument may beenforced according to its terms as augmented by completion.

(c) If words or numbers are added to an incomplete instrument withoutauthority of the signer, there is an alteration of the incomplete instrumentunder § 8.3A-407.

(d) The burden of establishing that words or numbers were added to anincomplete instrument without authority of the signer is on the personasserting the lack of authority.

(Code 1950, §§ 6-365 through 6-367; 1964, c. 219, § 8.3-115; 1992, c. 693.)