§ 23-50-110 - Certification of check when funds insufficient.
23-50-110. Certification of check when funds insufficient.
(a) It shall be unlawful for any officer, director, agent, or employee of any bank to certify any check drawn upon the bank unless the person drawing the check has on deposit with the bank, at the time the check is certified, an amount of money not less than the amount specified in the check.
(b) Any check so certified by a duly authorized officer, director, agent, or employee shall be a good and valid obligation against the bank.
(c) However, any officer, director, agent, or employee of any bank who shall willfully violate any provision of this section, or who shall resort to any device or receive any fictitious obligation, directly or collaterally, in order to evade the provisions thereof, or who shall certify a check before the amount thereof shall have been regularly deposited in the bank to the credit of the drawer thereof is guilty of a Class A misdemeanor.