Negotiable Instrument Presentment & Notary Protest

§ 3-505. EVIDENCE OF DISHONOR.

(b)  A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties. http://www.law.cornell.edu/ucc/3/3-505.html

CAL. GOV. CODE § 8208 : California Code - Section 8208

The protest of a notary public, under his or her hand and official seal, of a bill of exchange or promissory note for nonacceptance or nonpayment, specifying any of the following is prima facie evidence of the facts recited therein:

(a)The time and place of presentment.

(b)The fact that presentment was made and the manner thereof.

(c)The cause or reason for protesting the bill.

(d)The demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found.

CAL. Duty of Notary in Respect to 

Protest.  Another of the duties of notaries public is, “When requested, to demand acceptance and payment of foreign, domestic and inland bills or promissory notes, and protest the same for non-acceptance and non-payment. *”  (See Duties, Sec. 5, sub. 1 supra).     While the term “protest” is the name of the formal instrument drawn up and signed by a notary public alleging the due presentment and dishonor of a bill or note and showing that the regular legal steps have been taken to fix the liability, as generally used the term includes all steps necessary to protect the holder against loss and fix the liability of the drawer and indorsers. These steps are, presentment of the instrument to the proper parties and demand for acceptance or payment, as the case may be, and in case of refusal the giving of due and legal notice of dishonor and the noting and drawing up of the instrument of protest—the main purpose of the protest being to furnish the legal holder with evidence of presentment, demand, and notice of dishonor to be used in actions against the drawer and indorsers. 

For failure to properly protest a note so as to charge an indorser, the notary is liable on his bond. The authority to protest must come from holder, or some one authorized to have it presented.

Do not use the term: Notary Public, when presenting an Administrative process which just ask questions to the entitlement holder. Use the term: Notary Witness, etc.     


The term "Notary Public" may only be used when the Notary is performing a Notary act, as mentioned above are Notary acts, that relates to Presentment and Protest of a Negotiable Instrument. If customer's document fails to name the correct title of the notary, then the notary will be sanction by the Secretary of State, and the sanction fees may be incurred by the customer for the incorrect notation of the Notary's title on the document.  

If a presentment has nothing to do demanding the payment or acceptance of a Negotiable Instrument, rather the document  is just to create records of evidence, questions for the entitlement holder, this is Not a Duty of the Notary to be a witness in these cases! 


Not All States Allow Notary's to Protest 


For Example Oregon changed  their Notary Protest code to:


Notary Protest of Commercial Paper: [January 1, 2010]

A new law 2009 HB 2090 restricts when notaries may protest commercial paper.

A notary public may protest commercial paper only if the notary public is:

1. An officer or employee of a financial institution or investment company, or a person serving under the direct supervision of the officer or employee or
2. An active member of the Oregon State Bar, or a person serving under the direct supervision of an active member of the Oregon State Bar.

A notary public may not protest any commercial paper owned or held for collection by a financial institution or investment company if the notary is individually a party to the commercial paper.

Principles Of Business Law - CHAPTER VII



Year 1778, Notary Protest Bill of Exchange, London 


The following is an example of William Dunbar's work as a Notary Publick. This legal document is regarding the transfer of money. It reads as follows:

£100Sterling Exchange 40 per Cent No.356 Jamaica, April 23rd 1778.

At Ninety days after sight of this second per Exchange (first not paid)

Pay to the Order of Thomas Gray Esq. One hundred Pounds sterling value Received which place as advised by John Braine

To John Biggen Esq.
London

Indorsed, Pay Messrs Edward & René Payne or order Value in Account Thom Gray. Edward & René Payne.



Notary Certificate of Dishonor Process

Negotiable Instrument Presentment & Notary Protest 2012-07-09T04:54:00-07:00 Rating: 4.5 Diposkan Oleh: Unknown