U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS
..PART 5. DISHONOR
§ 3-501. PRESENTMENT.
- (a) "Presentment" means
a demand made by or on behalf of a person
entitled to enforce an instrument (i)
to pay the instrument made to the drawee or
a party obliged to pay the instrument
or, in the case of a note or accepted draft payable
at a bank, to the bank, or (ii) to accept a draft made to the drawee.
- (b) The following rules are subject to Article 4,
agreement of the parties, and clearing-house rules and the like:
- (1) Presentment may be made at the place of payment of the instrument and
must be made at the place of payment if the instrument is payable at a
bank in the United States; may be made by any commercially reasonable means,
including an oral, written, or electronic communication; is effective when
the demand for payment or acceptance is
received by the person to whom presentment is
made; and is effective if made to any one of two or more makers, acceptors, drawees,
or other payors.
- (2) Upon demand of the person to whom presentment is
made, the person making presentment must (i) exhibit the instrument,
(ii) give reasonable identification and, if presentment is made on behalf
of another person, reasonable evidence of authority to do so, and (iii)
sign a receipt on the instrument for any payment made or surrender the
instrument if full payment is made.
- (3) Without dishonoring the instrument,
the party to whom presentment is
made may (i) return the instrument for lack of a necessary indorsement,
or (ii) refuse payment or acceptance for
failure of the presentment to comply with the terms of the instrument,
an agreement of the parties, or other applicable law or rule.
- (4) The party to whom presentment is
made may treat presentment as occurring on the next business day after
the day of presentment if the party to whom presentment is made has established
a cut-off hour not earlier than 2 p.m. for the receipt and processing
of instruments presented for
payment or acceptance and presentment
is made after the cut-off hour.
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© Copyright 2005 by The American Law Institute and the National Conference of Commissioners on Uniform State Laws; reproduced, published and distributed with the permission of the Permanent Editorial Board for the Uniform Commercial Code for the limited purposes of study, teaching, and academic research.