Section § 3501

Explanation

This law section defines 'presentment' as asking for payment or acceptance of a financial instrument, like a check or a note. It explains that presentment can be done in various ways, such as in person, by writing, or electronically, and it is considered effective once received by the responsible party. The person making the presentment may need to show identification and provide proof of their authority if they're acting for someone else. If payment is made, a receipt must be signed or the instrument surrendered if fully paid. The party asked for payment can return the instrument if it's missing a signature or if there are compliance issues. They can also treat presentment as happening the next business day if received after a specified cutoff time.

(a)CA Commercial Law Code § 3501(a) “Presentment” means a demand made by or on behalf of a person entitled to enforce an instrument (1) 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 (2) to accept a draft made to the drawee.
(b)CA Commercial Law Code § 3501(b) The following rules are subject to Division 4 (commencing with Section 4101), agreement of the parties, and clearinghouse rules and the like:
(1)CA Commercial Law Code § 3501(b)(1) Presentment may be made at the place of payment of the instrument and shall 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)CA Commercial Law Code § 3501(b)(2) Upon demand of the person to whom presentment is made, the person making presentment shall (A) exhibit the instrument, (B) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (C) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.
(3)CA Commercial Law Code § 3501(b)(3) Without dishonoring the instrument, the party to whom presentment is made may (A) return the instrument for lack of a necessary indorsement, or (B) 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)CA Commercial Law Code § 3501(b)(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 cutoff 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 cutoff hour.

Section § 3502

Explanation

If someone doesn't pay a note or check when they're supposed to, it's considered 'dishonored.' For notes payable on demand, this happens if they're not paid the day they're presented. If they're due on a specific date, it happens if not paid by then. With checks, it's dishonored if the bank sends it back or notifies you it won't be paid. For drafts (another kind of payment promise), the rules depend on whether they're payable immediately or at a later date. If someone agrees to late acceptance on a draft that was dishonored, it won't be seen as dishonored anymore.

(a)CA Commercial Law Code § 3502(a) Dishonor of a note is governed by the following rules:
(1)CA Commercial Law Code § 3502(a)(1) If the note is payable on demand, the note is dishonored if presentment is duly made to the maker and the note is not paid on the day of presentment.
(2)CA Commercial Law Code § 3502(a)(2) If the note is not payable on demand and is payable at or through a bank or the terms of the note require presentment, the note is dishonored if presentment is duly made and the note is not paid on the day it becomes payable or the day of presentment, whichever is later.
(3)CA Commercial Law Code § 3502(a)(3) If the note is not payable on demand and paragraph (2) does not apply, the note is dishonored if it is not paid on the day it becomes payable.
(b)CA Commercial Law Code § 3502(b) Dishonor of an unaccepted draft other than a documentary draft is governed by the following rules:
(1)CA Commercial Law Code § 3502(b)(1) If a check is duly presented for payment to the payor bank otherwise than for immediate payment over the counter, the check is dishonored if the payor bank makes timely return of the check or sends timely notice of dishonor or nonpayment under Section 4301 or 4302, or becomes accountable for the amount of the check under Section 4302.
(2)CA Commercial Law Code § 3502(b)(2) If a draft is payable on demand and paragraph (1) does not apply, the draft is dishonored if presentment for payment is duly made to the drawee and the draft is not paid on the day of presentment.
(3)CA Commercial Law Code § 3502(b)(3) If a draft is payable on a date stated in the draft, the draft is dishonored if (A) presentment for payment is duly made to the drawee and payment is not made on the day the draft becomes payable or the day of presentment, whichever is later, or (B) presentment for acceptance is duly made before the day the draft becomes payable and the draft is not accepted on the day of presentment.
(4)CA Commercial Law Code § 3502(b)(4) If a draft is payable on elapse of a period of time after sight or acceptance, the draft is dishonored if presentment for acceptance is duly made and the draft is not accepted on the day of presentment.
(c)CA Commercial Law Code § 3502(c) Dishonor of an unaccepted documentary draft occurs according to the rules stated in paragraphs (2), (3), and (4) of subdivision (b), except that payment or acceptance may be delayed without dishonor until no later than the close of the third business day of the drawee following the day on which payment or acceptance is required by those paragraphs.
(d)CA Commercial Law Code § 3502(d) Dishonor of an accepted draft is governed by the following rules:
(1)CA Commercial Law Code § 3502(d)(1) If the draft is payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and the draft is not paid on the day of presentment.
(2)CA Commercial Law Code § 3502(d)(2) If the draft is not payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and payment is not made on the day it becomes payable or the day of presentment, whichever is later.
(e)CA Commercial Law Code § 3502(e) In any case in which presentment is otherwise required for dishonor under this section and presentment is excused under Section 3504, dishonor occurs without presentment if the instrument is not duly accepted or paid.
(f)CA Commercial Law Code § 3502(f) If a draft is dishonored because timely acceptance of the draft was not made and the person entitled to demand acceptance consents to a late acceptance, from the time of acceptance the draft is treated as never having been dishonored.

Section § 3503

Explanation

This law explains when you can hold someone responsible if a check or similar financial instrument isn't paid. Basically, if you want to enforce the responsibility of the person who signed or drew the check, you need to let them know it wasn't paid, unless there's a special reason not to. This notice can be given in any reasonable way, like a direct message or even returning the check. If a bank is involved, they have to notify the involved parties by the next business day, but everyone else has up to 30 days to do so. This ensures that people are properly informed when these issues occur.

(a)CA Commercial Law Code § 3503(a) The obligation of an indorser stated in subdivision (a) of Section 3415 and the obligation of a drawer stated in subdivision (d) of Section 3414 may not be enforced unless (1) the indorser or drawer is given notice of dishonor of the instrument complying with this section or (2) notice of dishonor is excused under subdivision (b) of Section 3504.
(b)CA Commercial Law Code § 3503(b) Notice of dishonor may be given by any person; may be given by any commercially reasonable means, including an oral, written, or electronic communication; and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor.
(c)CA Commercial Law Code § 3503(c) Subject to subdivision (c) of Section 3504, with respect to an instrument taken for collection by a collecting bank, notice of dishonor shall be given (1) by the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument, or (2) by any other person within 30 days following the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor shall be given within 30 days following the day on which dishonor occurs.

Section § 3504

Explanation

In California, you don't have to present a financial instrument like a check for payment or acceptance in certain situations. For example, if it's impossible to present it with reasonable effort, if the person who should pay it has backed out, or if the instrument itself says it's not needed. Also, if the person expected to pay has waived this need or given no reason to expect a presentation, or told the bank not to pay, you can skip presentment. Additionally, if someone has waived their right to be notified when a payment is dishonored, you don't need to inform them of that non-payment. If there is a delay in notifying about this non-payment, it's acceptable if uncontrollable circumstances caused it, as long as you were diligent afterward.

(a)CA Commercial Law Code § 3504(a) Presentment for payment or acceptance of an instrument is excused if (1) the person entitled to present the instrument cannot with reasonable diligence make presentment, (2) the maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings, (3) by the terms of the instrument presentment is not necessary to enforce the obligation of indorsers or the drawer, (4) the drawer or indorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted, or (5) the drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.
(b)CA Commercial Law Code § 3504(b) Notice of dishonor is excused if (1) by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument, or (2) the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.
(c)CA Commercial Law Code § 3504(c) Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.

Section § 3505

Explanation

This section explains when certain documents can be used as proof that a financial instrument, like a check, was not honored or paid. It allows for evidence that creates a presumption of dishonor if the document appears formal and matches specific criteria. One example is a protest, which is a certificate stating dishonor, made by officials like notaries. Other examples include stamps or writings from banks indicating refusal without inconsistent reasons, and bank records showing dishonor kept in regular business practice.

A protest must clearly identify the financial instrument, confirm an attempt to present it for payment or explain why it wasn't presented, certify its dishonor due to non-payment, and may note any notification of dishonor given to involved parties.

(a)CA Commercial Law Code § 3505(a) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:
(1)CA Commercial Law Code § 3505(a)(1) A document regular in form as provided in subdivision (b) which purports to be a protest.
(2)CA Commercial Law Code § 3505(a)(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)CA Commercial Law Code § 3505(a)(3) A book or record of the drawee, payor bank, or collecting bank, kept in the usual course of business that shows dishonor, even if there is no evidence of who made the entry.
(b)CA Commercial Law Code § 3505(b) A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public during the course and scope of employment with a financial institution or other person authorized to administer oaths by the laws of any other state, government, or country in the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest shall 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.