New York Uniform Commercial Code Law Section 3-501 - When Presentment, Notice of Dishonor, and Protest Necessary or Permissible.

Section 3--501. When   Presentment,  Notice  of  Dishonor,  and  Protest

Necessary or Permissible.

(1) Unless excused (Section 3--511) presentment is necessary to charge secondary parties as follows:

(a) presentment for acceptance is necessary to charge the drawer

and indorsers of a draft where the draft so provides, or is

payable elsewhere than at the residence or place of business

of the drawee, or its date of payment depends upon such

presentment. The holder may at his option present for

acceptance any other draft payable at a stated date;

(b) presentment for payment is necessary to charge any indorser;

(c) in the case of any drawer, the acceptor of a draft payable at

a bank or the maker of a note payable at a bank, presentment

for payment is necessary, but failure to make presentment

discharges such drawer, acceptor or maker only as stated in

Section 3--502 (1) (b).

(2) Unless excused (Section 3--511)

(a) notice of any dishonor is necessary to charge any indorser;

(b) in the case of any drawer, the acceptor of a draft payable at

a bank or the maker of a note payable at a bank, notice of

any dishonor is necessary, but failure to give such notice

discharges such drawer, acceptor or maker only as stated in

Section 3--502 (1) (b).

(3) Unless excused (Section 3--511) protest of any dishonor is necessary to charge the drawer and indorsers of any draft which on its face appears to be drawn or payable outside of the states and territories of the United States and the District of Columbia. The holder may at his option make protest of any dishonor of any other instrument and in the case of a foreign draft may on insolvency of the acceptor before maturity make protest for better security.

(4) Notwithstanding any provision of this section, neither presentment nor notice of dishonor nor protest is necessary to charge an indorser who has indorsed an instrument after maturity.


Last modified: February 3, 2019