30-3-504. Presentment. (1) "Presentment" means a demand:
(a) to pay an instrument made to the maker, drawee, or acceptor or, in the case of a note of accepted draft payable at a bank, to the bank; or
(b) to accept a draft made to the drawee by a person entitled to enforce the instrument.
(2) Subject to chapter 4, agreement of the parties, clearing house 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; and
(b) without dishonoring the instrument, the party to whom presentment is made may:
(i) 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;
(ii) require exhibition of the instrument;
(iii) require reasonable identification of the person making presentment and evidence of authority to make it if made on behalf of another person;
(iv) require a signed receipt on the instrument for any payment made or surrender of the instrument if full payment is made;
(v) return the instrument for lack of a necessary indorsement; or
(vi) 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.
History: En. Sec. 3-504, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-504; amd. Sec. 145, Ch. 410, L. 1991.