355.3-504 Excused presentment and notice of dishonor.
(1)
(2)
(3)
Presentment for payment or acceptance of an instrument is excused if:
(a) The person entitled to present the instrument cannot with reasonable diligence
make presentment;
(b) The maker or acceptor has repudiated an obligation to pay the instrument or is
dead or in insolvency proceedings;
(c) By the terms of the instrument presentment is not necessary to enforce the
obligation of indorsers or the drawer;
(d) 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
(e) 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.
Notice of dishonor is excused if:
(a) By the terms of the instrument notice of dishonor is not necessary to enforce
the obligation of a party to pay the instrument; or
(b) The party whose obligation is being enforced waived notice of dishonor.
A waiver of presentment is also a waiver of notice of dishonor.
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.
Effective: January 1, 1997
History: Repealed and reenacted 1996 Ky. Acts ch. 130, sec. 62, effective January 1,
1997 -- Amended 1964 Ky. Acts ch. 130, sec. 6, effective July 1, 1964. -- Created
1958 Ky. Acts ch. 77, sec. 3-504, effective July 1, 1960.
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