§ 26-1-3.1-505 — Evidence of dishonor

Indiana § 26-1-3.1-505

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 1: UNIFORM COMMERCIAL CODE
• Ch. 3.1: Negotiable Instruments

Text

(a) The following are admissible as
evidence and create a presumption of dishonor and of any notice of
dishonor stated:
(1) A document regular in form as provided in subsection (b)
which purports to be a protest.
(2) A purported stamp or writing of the drawee, payor bank, or
presenting bank on or accompanying the instrument stating that
acceptance or payment has been refused unless reasons for the
refusal are stated and the reasons are not consistent with dishonor.
(3) A book or record of the drawee, payor bank, or collecting
bank, kept in the usual course of business which shows dishonor,
even if there is no evidence of who made the entry.
(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.

Legislative History

As added by P.L.222-1993, SEC.5.