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84-4-212. Presentment by notice of item not payable by, through or at bank; liability of drawer or endorser. (a) Unless otherwise instructed, a collecting bank may present an item not payable by, through, or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under K.S.A. 84-3-505 [84-3-501] by the close of the bank's next banking day after it knows of the requirement.

(b) If presentment is made by notice and payment, acceptance, or request for compliance with a requirement under K.S.A. 84-3-505 [84-3-501] is not received by the close of business on the day after maturity or in the case of demand items, by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any drawer or endorser by sending such drawer or endorser notice of the facts.

History: L. 1965, ch. 564, § 219; L. 1991, ch. 296, § 93; February 1, 1992.

KANSAS COMMENT, 1996

This section is identical to the 1995 Official Text. The only change from the former 84-4-210 is the removal of the term "secondary party" both in this section and in Article 3. This section is derived from the former 84-4-210. The other amendments are stylistic and are not meant to change the substantive law. Historical case and statutory references can be obtained from the 1965 and 1983 bound volume 7 of the Kansas Statutes Annotated.

Former K.S.A. 52-705 required that presentment include exhibition of the instrument. 84-3-504 does not make this requirement, substituting a "demand" concept, exhibition of the instrument being something the party to whom presentment is made may require under 84-3-501. It codifies a practice extensively followed in the presentment of trade acceptances and documentary drafts drawn on nonbank payors.

Revisor's Note:

In 1991 former section 84-4-212 was transferred to 84-4-214 as a conforming amendment in the revision of article 3 of the code and the number reassigned to former section 84-4-210.


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