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§6A-3-505  Evidence Of Dishonor. –

Published: 2015

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Uniform Commercial Code


Negotiable Instruments

PART 6A-3-501


SECTION 6A-3-505

   § 6A-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)

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.

History of Section.

(P.L. 2000, ch. 238, § 3; P.L. 2000, ch. 421, § 3.)