§ 41-03-58 — (3-501) Presentment

1. "Presentment" means a demand made by or on behalf of a person entitled to enforce
an instrument 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
to accept a draft made to the drawee.
2. The following rules are subject to chapter 41-04, agreement of the parties, and
clearinghouse rules and the like:
a. 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;
is effective if made to any one of two or more makers, acceptors, drawees, or
other payors.
b. Upon demand of the person to whom presentment is made, the person making
presentment must exhibit the instrument; give reasonable identification and, if
presentment is made on behalf of another person, reasonable evidence of
authority to do so; and sign a receipt on the instrument for any payment made or
surrender the instrument if full payment is made.
c. Without dishonoring the instrument, the party to whom presentment is made may
return the instrument for lack of a necessary endorsement or refuse payment or
acceptance for failure of the presentment to comply with the terms of the
instrument, an agreement of the parties, or other law or applicable rule.
d. 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 two p.m. for
the receipt and processing of instruments presented for payment or acceptance
and presentment is made after the cutoff hour.