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§12A-3-502.
§12A-3-502.
DISHONOR
(a) Dishonor of a note is governed by the following rules:
(1) If the note is payable on demand, the note is dishonored if
presentment is duly made to the maker and the note is not paid on the
day of presentment;
(2) If the note is not payable on demand and is payable at or through
a bank or the terms of the note require presentment, the note is
dishonored if presentment is duly made and the note is not paid on the
day it becomes payable or the day of presentment, whichever is later;
and
(3) If the note is not payable on demand and paragraph (2) of this
subsection does not apply, the note is dishonored if it is not paid on
the day it becomes payable.
(b) Dishonor of an unaccepted draft other than a documentary draft is
governed by the following rules:
(1) If a check is duly presented for payment to the payor bank
otherwise than for immediate payment over the counter, the check is
dishonored if the payor bank makes timely return of the check or sends
timely notice of dishonor or nonpayment under Section 4-301 or 4-302
of this title, or becomes accountable for the amount of the check
under Section 4-302 of this title;
(2) If a draft is payable on demand and paragraph (1) of this
subsection does not apply, the draft is dishonored if presentment for
payment is duly made to the drawee and the draft is not paid on the
day of presentment;
(3) If a draft is payable on a date stated in the draft, the draft is
dishonored if (i) presentment for payment is duly made to the drawee
and payment is not made on the day the draft becomes payable or the
day of presentment, whichever is later, or (ii) presentment for
acceptance is duly made before the day the draft becomes payable and
the draft is not accepted on the day of presentment; and
(4) If a draft is payable on elapse of a period of time after sight or
acceptance, the draft is dishonored if presentment for acceptance is
duly made and the draft is not accepted on the day of presentment.
(c) Dishonor of an unaccepted documentary draft occurs according to
the rules stated in paragraphs (2), (3) and (4) of subsection (b) of
this section, except that payment or acceptance may be delayed without
dishonor until no later than the close of the third business day of
the drawee following the day on which payment or acceptance is
required by those paragraphs.
(d) Dishonor of an accepted draft is governed by the following rules:
(1) If the draft is payable on demand, the draft is dishonored if
presentment for payment is duly made to the acceptor and the draft is
not paid on the day of presentment; and
(2) If the draft is not payable on demand, the draft is dishonored if
presentment for payment is duly made to the acceptor and payment is
not made on the day it becomes payable or the day of presentment,
whichever is later.
(e) In any case in which presentment is otherwise required for
dishonor under this section and presentment is excused under Section
3-504 of this title, dishonor occurs without presentment if the
instrument is not duly accepted or paid.
(f) If a draft is dishonored because timely acceptance of the draft
was not made and the person entitled to demand acceptance consents to
a late acceptance, from the time of acceptance the draft is treated as
never having been dishonored.
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