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The Vermont Statutes Online



Title

09A

:
Uniform Commercial Code






Chapter

003

:
Commercial Paper











 

§

3-505. Evidence of dishonor

(a) The

following are admissible as evidence and create a presumption of dishonor and

of any notice of dishonor stated:

(1) a document

regular in form as provided in subsection (b) of this section which purports to

be a protest;

(2) a purported

stamp or writing of the drawee, payor bank, or presenting bank on or

accompanying the instrument stating that acceptance or payment has been refused

unless reasons for the refusal are stated and the reasons are not consistent

with dishonor;

(3) a book or

record of the drawee, payor bank, or collecting bank, kept in the usual course

of business which shows dishonor, even if there is no evidence of who made the

entry.

(b) A protest is

a certificate of dishonor made by a United States consul or vice consul, or a

notary public or other person authorized to administer oaths by the law of the

place where dishonor occurs. It may be made upon information satisfactory to

that person. The protest must identify the instrument and certify either that

presentment has been made or, if not made, the reason why it was not made, and

that the instrument has been dishonored by nonacceptance or nonpayment. The

protest may also certify that notice of dishonor has been given to some or all

parties. (Added 1993, No. 158 (Adj. Sess.), § 12, eff. Jan. 1, 1995.)