N.Y. Uniform Commercial Code Law Section 3-511
Waived or Excused Presentment, Protest or Notice of Dishonor or Delay Therein

Section 3--511. Waived or Excused Presentment, Protest or Notice of Dishonor or Delay Therein.

(1)

Delay in presentment, protest or notice of dishonor is excused when the party is without notice that it is due or when the delay is caused by circumstances beyond his control and he exercises reasonable diligence after the cause of the delay ceases to operate.

(2)

Presentment or notice or protest as the case may be is entirely excused when (a) the party to be charged has waived it expressly or by implication either before or after it is due; or

(b)

such party has himself dishonored the instrument or has countermanded payment or otherwise has no reason to expect or right to require that the instrument be accepted or paid; or

(c)

by reasonable diligence the presentment or protest cannot be made or the notice given.

(3)

Presentment is also entirely excused when (a) the maker, acceptor or drawee of any instrument except a documentary draft is dead or in insolvency proceedings instituted after the issue of the instrument; or

(b)

acceptance or payment is refused but not for want of proper presentment.

(4)

Where a draft has been dishonored by nonacceptance a later presentment for payment and any notice of dishonor and protest for nonpayment are excused unless in the meantime the instrument has been accepted.

(5)

A waiver of protest is also a waiver of presentment and of notice of dishonor even though protest is not required.

(6)

Where a waiver of presentment or notice or protest is embodied in the instrument itself it is binding upon all parties; but where it is written above the signature of an indorser it binds him only.

Source: Section 3-511 — Waived or Excused Presentment, Protest or Notice of Dishonor or Delay Therein, https://www.­nysenate.­gov/legislation/laws/UCC/3-511 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

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Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 3-511’s source at nysenate​.gov

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