(1) If an instrument is issued for value given for the benefit of a party to the instrument, in this section referred to as the "accommodated party," and another party to the instrument, in this section referred to as the "accommodation party," signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party for accommodation.
[1993, c. 293, Pt. A, §2 (new).]
(2) An accommodation party may sign the instrument as maker, drawer, acceptor or indorser and, subject to subsection (4), is obliged to pay the instrument in the capacity in which the accommodation party signs. The obligation of an accommodation party may be enforced notwithstanding any statute of frauds and whether or not the
accommodation party receives consideration for the accommodation.
[1993, c. 293, Pt. A, §2 (new).]
(3) A person signing an instrument is presumed to be an accommodation party and there is notice that the instrument is signed for accommodation if the signature is an anomalous indorsement or is accompanied by words indicating that the signer is acting as surety or guarantor with respect to the obligation of another party to the instrument. Except as provided in section 3-1605, the obligation of an accommodation party to pay the instrument is not affected by the fact that the person enforcing the obligation had notice when the instrument was taken by that person that the accommodation party signed the instrument for accommodation.
[1993, c. 293, Pt. A, §2 (new).]
(4) If the signature of a party to an instrument is accompanied by words indicating unambiguously that the party is guaranteeing collection rather than payment of the obligation of another party to the instrument, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument only if:
(new).]
(b) The other party is insolvent or in an insolvency proceeding; [1993, c. 293, Pt. A, §2 (new).]
(c) The other party can not be served with process; or [1993, c. 293, Pt. A, §2 (new).]
(d) It is otherwise apparent that payment can not be obtained from the other party. [1993, c. 293, Pt. A, §2 (new).]
[1993, c. 293, Pt. A, §2 (new).]
(5) An accommodation party who pays the instrument is entitled to reimbursement from the accommodated party and is entitled to enforce the instrument against the accommodated party. An accommodated party who pays the instrument has no right of recourse against, and is not entitled to contribution from, an accommodation party.
[1993, c. 293, Pt. A, §2 (new).]
PL 1993, Ch. 293, §A2 (NEW).
§3-1420. Conversion of instrument
(1) The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by the issuer or acceptor of the
instrument or a payee or indorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a copayee.
[1993, c. 293, Pt. A, §2 (new).]
(2) In an action under subsection (1), the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff's interest in the instrument.
[1993, c. 293, Pt. A, §2 (new).]
(3) A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any proceeds that it has not paid out.
[1993, c. 293, Pt. A, §2 (new).]
Part 5: DISHONOR (HEADING: PL 1993, c. 293, Pt. A, §2 (new))
§3-1501. Presentment
(1) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument: (a) To pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank; or [1993, c. 293, Pt. A, §2 (new).]
(b) To accept a draft made to the drawee. [1993, c. 293, Pt. A, §2 (new).]
[1993, c. 293, Pt. A, §2 (new).]
(2) The following rules are subject to Article 4, agreement of the parties and clearinghouse 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; and is effective if made to any one of 2 or more makers, acceptors, drawees or other payors. [1993, c. 293, Pt. A, §2 (new).]
(b) Upon demand of the person to whom presentment is made, the person making presentment must: (i) Exhibit the instrument;
(ii) Give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so; and
(iii) Sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.
[1993, c. 293, Pt. A, §2 (new).]
(c) Without dishonoring the instrument, the party to whom presentment is made may: (i) Return the instrument for lack of a necessary indorsement; or
(ii) Refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.
[1993, c. 293, Pt. A, §2 (new).]
(d) The party to whom presentment is made may 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 cut-off 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 cut-off hour. [1993, c. 293, Pt. A, §2 (new).]
[1993, c. 293, Pt. A, §2 (new).]
PL 1993, Ch. 293, §A2 (NEW).
§3-1502. Dishonor
(1) Dishonor of a note is governed by the following rules.
(a) 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. [1993, c. 293, Pt. A, §2 (new).]
(b) 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. [1993, c. 293, Pt. A, §2 (new).]
(c) If the note is not payable on demand and paragraph (b) does not apply, the note is dishonored if it is not paid on the day it becomes payable. [1993, c. 293, Pt. A, §2 (new).]
[1993, c. 293, Pt. A, §2 (new).]
(2) Dishonor of an unaccepted draft other than a documentary draft is governed by the following rules. (a) 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, or becomes accountable for the amount of the check under section 4-302. [1993, c. 293, Pt. A, §2 (new).]
(b) If a draft is payable on demand and paragraph (a) 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. [1993, c. 293, Pt. A, §2 (new).]
(c) When 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.
[1993, c. 293, Pt. A, §2 (new).]
(d) 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. [1993, c.
293, Pt. A, §2 (new).]
[1993, c. 293, Pt. A, §2 (new).]
(3) Dishonor of an unaccepted documentary draft occurs according to the rules stated in subsection (2), paragraphs (b), (c) and (d), except that payment or acceptance may be delayed without dishonor until no later than the close of the 3rd business day of the drawee following the day on which payment or acceptance is required by those paragraphs.
[1993, c. 293, Pt. A, §2 (new).]
(4) Dishonor of an accepted draft is governed by the following rules.
(a) When 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. [1993, c. 293, Pt. A, §2 (new).]
(b) When 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.
[1993, c. 293, Pt. A, §2 (new).]
[1993, c. 293, Pt. A, §2 (new).]
excused under section 3-1504, dishonor occurs without presentment if the instrument is not duly accepted or paid.
[1993, c. 293, Pt. A, §2 (new).]
(6) 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.
[1993, c. 293, Pt. A, §2 (new).]
PL 1993, Ch. 293, §A2 (NEW).
§3-1503. Notice of dishonor
(1) The obligation of an indorser stated in section 3-1415, subsection (1) and the obligation of a drawer stated in section 3-1414, subsection (4) may not be enforced unless:
(a) The indorser or drawer is given notice of dishonor of the instrument complying with this section; or [1993,
c. 293, Pt. A, §2 (new).]
(b) Notice of dishonor is excused under section 3-1504, subsection (2). [1993, c. 293, Pt. A, §2 (new).]
[1993, c. 293, Pt. A, §2 (new).]
(2) Notice of dishonor may be given by any person and by any commercially reasonable means, including an oral, written or electronic communication, and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor.
[1993, c. 293, Pt. A, §2 (new).]
(3) Subject to section 3-1504, subsection (3), with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given:
(a) By the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument; or [1993, c. 293, Pt. A, §2 (new).]
(b) By any other person within 30 days following the day on which the person receives notice of dishonor.
[1993, c. 293, Pt. A, §2 (new).]
With respect to any other instrument, notice of dishonor must be given within 30 days following the day on which dishonor occurs.
[1993, c. 293, Pt. A, §2 (new).]
PL 1993, Ch. 293, §A2 (NEW).