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Simple English definitions for legal terms
notarial protest certificate
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A quick definition of notarial protest certificate:
A notarial protest certificate is a document issued by a notary public that declares that a holder of a negotiable instrument (like a check or promissory note) has tried to get payment or acceptance from the person responsible for it (the drawee), but the drawee refused or dishonored the instrument. The certificate includes the time and place of presentation. In the past, the certificate was used to notify the drawee and other liable parties that the holder could seek damages for the dishonored instrument.
A more thorough explanation:
A notarial protest certificate is a document issued by a notary public that declares the following:
- A holder in due course has recruited the notary public to present a previously refused or dishonored negotiable instrument.
- The notary has presented the instrument to the person responsible for payment or acceptance (the drawee).
- The instrument was presented at a given time and place.
- The drawee refused or dishonored the instrument.
For example, if a person presents a check to a bank for payment, and the bank refuses to pay, the person can recruit a notary public to issue a notarial protest certificate. This certificate serves as notice to the bank and any other liable parties that the person can seek damages for the dishonored check.
Notarial protest certificates were commonly used in the past, but they are less common now due to changes in banking practices and laws.