PARRIS N. GLENDENING, Governor                               Ch. 91

DEAD OR IN INSOLVENCY PROCEEDINGS, (III) BY THE TERMS OF THE INSTRUMENT
PRESENTMENT IS NOT NECESSARY TO ENFORCE THE OBLIGATION OF ENDORSERS
OR THE DRAWER, (IV) THE DRAWER OR INDORSER WHOSE OBLIGATION IS BEING
ENFORCED HAS WAIVED PRESENTMENT OR OTHERWISE HAS NO REASON TO
EXPECT OR RIGHT TO REQUIRE THAT THE INSTRUMENT BE PAID OR ACCEPTED, OR
(V) THE DRAWER INSTRUCTED THE DRAWEE NOT TO PAY OR ACCEPT THE DRAFT
OR THE DRAWEE WAS NOT OBLIGATED TO THE DRAWER TO PAY THE DRAFT.

(B)     NOTICE OF DISHONOR IS EXCUSED IF (I) BY THE TERMS OF THE
INSTRUMENT NOTICE OF DISHONOR IS NOT NECESSARY TO ENFORCE THE
OBLIGATION OF A PARTY TO PAY THE INSTRUMENT, OR (II) THE PARTY WHOSE
OBLIGATION IS BEING ENFORCED WAIVED NOTICE OF DISHONOR. A WAIVER OF
PRESENTMENT IS ALSO A WAIVER OF NOTICE OF DISHONOR.

(C)     DELAY IN GIVING NOTICE OF DISHONOR IS EXCUSED IF THE DELAY WAS
CAUSED BY CIRCUMSTANCES BEYOND THE CONTROL OF THE PERSON GIVING THE
NOTICE AND THE PERSON GIVING THE NOTICE EXERCISED REASONABLE
DILIGENCE AFTER THE CAUSE OF THE DELAY CEASED TO OPERATE.

3-505.

(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.

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