Nebraska Uniform Commercial Code 3-501
- Uniform Commercial Code
(a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (i) 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 (ii) to accept a draft made to the drawee.
(b) The following rules are subject to article 4, agreement of the parties, and clearinghouse rules and the like:
(1) 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 two or more makers, acceptors, drawees, or other payors.
(2) 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.
(3) 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.
(4) 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 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.
- Laws 1991, LB 161, § 62.
Under former section 3-504, when a check is forwarded to the payor bank for collection and is to be held for a reasonable period of time until sufficient funds become available in the account to pay the check, such delivery is not presentment within the meaning of this section. Rose v. United States Nat. Bank, 218 Neb. 97, 352 N.W.2d 594 (1984).
Under former section 3-504, presentment of company check is a demand for either acceptance or payment. Berman v. United States Nat. Bank, 197 Neb. 268, 249 N.W.2d 187 (1976).
Under former section 3-501, presentment of check is primarily necessary to charge secondary parties. Kirby v. Bergfield, 186 Neb. 242, 182 N.W.2d 205 (1970).
Under former section 3-504, section does not authorize presentment of a check by telephone. Kirby v. Bergfield, 186 Neb. 242, 182 N.W.2d 205 (1970).
Subsection (a) defines presentment. Subsection (b)(1) states the place and manner of presentment. Electronic presentment is authorized. The communication of the demand for payment or acceptance is effective when received. Subsection (b)(2) restates former section 3-505. Subsection (b)(2)(i) allows the person to whom presentment is made to require exhibition of the instrument, unless the parties have agreed otherwise as in an electronic presentment agreement. Former section 3-507(3) is the antecedent of subsection (b)(3)(i). Since a payor must decide whether to pay or accept on the day of presentment, subsection (b)(4) allows the payor to set a cutoff hour for receipt of instruments presented.