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N.Y. U.C.C. 3-501

When Presentment, Notice of Dishonor, and Protest Necessary or Permissible

2014-09-22

Section 3--501. When Presentment, Notice of Dishonor, and Protest\n Necessary or Permissible.\n (1) Unless excused (Section 3--511) presentment is necessary to charge\nsecondary parties as follows:\n (a) presentment for acceptance is necessary to charge the drawer\n and indorsers of a draft where the draft so provides, or is\n payable elsewhere than at the residence or place of business\n of the drawee, or its date of payment depends upon such\n presentment. The holder may at his option present for\n acceptance any other draft payable at a stated date;\n (b) presentment for payment is necessary to charge any indorser;\n (c) in the case of any drawer, the acceptor of a draft payable at\n a bank or the maker of a note payable at a bank, presentment\n for payment is necessary, but failure to make presentment\n discharges such drawer, acceptor or maker only as stated in\n Section 3--502 (1) (b).\n (2) Unless excused (Section 3--511)\n (a) notice of any dishonor is necessary to charge any indorser;\n (b) in the case of any drawer, the acceptor of a draft payable at\n a bank or the maker of a note payable at a bank, notice of\n any dishonor is necessary, but failure to give such notice\n discharges such drawer, acceptor or maker only as stated in\n Section 3--502 (1) (b).\n (3) Unless excused (Section 3--511) protest of any dishonor is\nnecessary to charge the drawer and indorsers of any draft which on its\nface appears to be drawn or payable outside of the states and\nterritories of the United States and the District of Columbia. The\nholder may at his option make protest of any dishonor of any other\ninstrument and in the case of a foreign draft may on insolvency of the\nacceptor before maturity make protest for better security.\n (4) Notwithstanding any provision of this section, neither presentment\nnor notice of dishonor nor protest is necessary to charge an indorser\nwho has indorsed an instrument after maturity.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.