2006 Ohio Revised Code - 1303.63. (UCC 3-503) Notice of dishonor.

§ 1303.63. (UCC 3-503) Notice of dishonor.
 

(A)  The obligation of an indorser set forth in division (A) of section 1303.55 of the Revised Code and the obligation of a drawer set forth in division (D) of section 1303.54 of the Revised Code may not be enforced unless one of the following applies: 

(1) The indorser or drawer is given notice of dishonor of the instrument complying with this section; 

(2) Notice of dishonor is excused under division (B) of section 1303.64 of the Revised Code. 

(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. The return of an instrument given to a bank for collection is sufficient notice of dishonor. 

(C)  Subject to division (C) of section 1303.54 of the Revised Code, with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given in one of the following ways: 

(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; 

(2) By any other person no later than thirty days after the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given no later than thirty days after the day on which dishonor occurs. 
 

HISTORY: 145 v S 147. Eff 8-19-94.
 

Analogous to former RC § 1303.63 (129 v S 5), repealed 145 v S 147, § 2, eff 8-19-94.

 

Official Comment

1. Subsection (a) is consistent with former section 3-501(2)(a), but notice of dishonor is no longer relevant to the liability of a drawer except for the case of a draft accepted by an acceptor other than a bank. Comments 2 and 4 to section 3-414. There is no reason why drawers should be discharged on instruments they draw until payment or acceptance. They are entitled to have the instrument presented to the drawee and dishonored (section 3-414(b)) before they are liable to pay, but no notice of dishonor need be made to them as a condition of liability. Subsection (b), which states how notice of dishonor is given, is based on former section 3-508(3). 

2. Subsection (c) replaces former section 3-508(2). It differs from that section in that it provides a 30-day period for a person other than a collecting bank to give notice of dishonor rather than the three-day period allowed in former article 3. Delay in giving notice of dishonor may be excused under section 3-504(c).