2010 Pennsylvania Code
Title 13 - COMMERCIAL CODE
Chapter 35 - Dishonor
3501 - Presentment.


                                CHAPTER 35
                                 DISHONOR

     Sec.
     3501.  Presentment.
     3502.  Dishonor.
     3503.  Notice of dishonor.
     3504.  Excused presentment and notice of dishonor.
     3505.  Evidence of dishonor.

        Enactment.  Chapter 35 was added July 9, 1992, P.L.507,
     No.97, effective in one year.
        Prior Provisions.  Former Chapter 35, which related to
     presentment, notice of dishonor and protest, was added November
     1, 1979, P.L.255, No.86, and repealed July 9, 1992, P.L.507,
     No.97, effective in one year.
     § 3501.  Presentment.
        (a)  Definition of "presentment".--"Presentment" means a
     demand made by or on behalf of a person entitled to enforce an
     instrument:
            (1)  to 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
            (2)  to accept a draft made to the drawee.
        (b)  Application of certain rules.--The following rules are
     subject to Division 4 (relating to bank deposits and
     collections), agreement of the parties and clearinghouse 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; may
        be made by any commercially reasonable means, including an
        oral, written or electronic communication; 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 cutoff hour not earlier than 2 p.m. for the
        receipt and processing of instruments presented for payment
        or acceptance and presentment is made after the cutoff hour.

        Cross References.  Section 3501 is referred to in sections
     3103, 4104, 4212 of this title.

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