Protests

PART 3 - Section 3

Protests

A protest is where a notary is called upon for a written statement called a Certificate for Protest saying that payment for a negotiable instrument has not been made. Examples of negotiable instruments would be a draft, check, or promissory note.

Only notaries public employed by a financial institution, during the course and scope of the notary’s employment with the financial institution, are authorized to demand acceptance and payment of foreign and inland bills of exchange, or promissory notes, or to protest for nonacceptance or nonpayment. Government Code § 8205 and 8208, and Commercial Code § 3505

When executing a certificate for protest for nonpayment or non-acceptance of a promissory note or bill for nonpayment, the certificate must include the following information:

               (a) The time and place of presentment.

               (b) The fact that presentment was made and the manner thereof.

               (c) The cause or reason for protesting the bill.

(d) The demand made and the answer given, if any, or the fact that 
the drawee or acceptor could not be found.

Government Code §8208 and Commercial Code §3505

No fee can be charged for a protest because only notaries public working for a financial institution are authorized to

execute a protest.  Government Code § 8211

Next Page ►►►


	■■■■■■■■■■■■■■■■■■¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨