California Commercial Code Section 3505
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California Laws > Commercial Code > California Commercial Code Section 3505
3505. (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 subdivision (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 that 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 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.
Last modified: February 22, 2013