Title 11, Chapter 3, Section 501
( 11-3-501)
Presentment. (a) "Presentment" means a demand made by or on behalf of a person
entitled to enforce an instrument to (i) 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 (ii)
accept a draft made to the drawee. (b) The following rules are subject to Article 4 of this title,
agreement of the parties, and clearing-house rules and the like: (1) Presentment may be made at the place of payment of the
instrument and must be made at the place of payment if the
instrument is payable at a bank in the United States. Presentment
may be made by any commercially reasonable means, including an
oral, written, or electronic communication. Presentment 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) Upon demand of the person to whom presentment is made, the
person making presentment must: (i) Exhibit the instrument; (ii) Give reasonable identification and, if presentment is made
on behalf of another person, reasonable evidence of authority to
do so; and (iii) Sign a receipt on the instrument for any payment made or
surrender the instrument if full payment is made. (3) Without dishonoring the instrument, the party to whom
presentment is made may: (i) Return the instrument for lack of a necessary indorsement;
or (ii) 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) 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 cut-off
hour not earlier than 2:00 P.M. for the receipt and processing of
instruments presented for payment or acceptance and presentment is
made after the cut-off hour. |