There Is a Newer Version of the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 35 - Dishonor
Section 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1, 1979, P.L.255, No.86, and repealed July 9, 1992, P.L.507,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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