Kentucky Revised Statutes

Ky. Rev. Stat. § 355.3-504 (2026)

Excused presentment and notice of dishonor

✓ current as of May 2026
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(1) Presentment for payment or acceptance of an instrument is excused if:

(a) The person entitled to present the instrument cannot with reasonable diligence make presentment;

(b) The maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings;

(c) By the terms of the instrument presentment is not necessary to enforce the obligation of indorsers or the drawer;

(d) The drawer or indorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted; or

(e) The drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.

(2) Notice of dishonor is excused if:

(a) By the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument; or

(b) The party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.

(3) Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate. Effective: January 1, 1997 History: Repealed and reenacted 1996 Ky. Acts ch. 130, sec. 62, effective January 1, 1997 -- Amended 1964 Ky. Acts ch. 130, sec. 6, effective July 1, 1964. -- Created 1958 Ky. Acts ch. 77, sec. 3-504, effective July 1, 1960.

Notes of Decisions
Cited in 2 cases, 1982–2006 · leading case: Catron v. Citizens Union Bank, 229 S.W.3d 54 (Ky. Ct. App. 2006).
Catron v. Citizens Union Bank, 229 S.W.3d 54 (Ky. Ct. App. 2006). “” If so agreed, and in any event after default, a secured party “[m]ay notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party[.”
Luttrell v. Commonwealth, 644 S.W.2d 647 (Ky. 1982). “Luttrell argues that Griffin did not make presentment of the check as required by KRS 355.3-504, equating the “presentment” therein prescribed with presentation, as set out in KRS 514.”
— Ky. Rev. Stat. § 355.3-504(2) — 1 case
Catron v. Citizens Union Bank, 229 S.W.3d 54 (Ky. Ct. App. 2006). “” If so agreed, and in any event after default, a secured party “[m]ay notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party[.”
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