A commissioned notary is asked to formally present a promissory note for payment and, if payment is refused, to complete the appropriate notarial act documenting that refusal. Under Executive Law §135, which action is the notary authorized to take?
Notaries may both demand payment and protest promissory notes under Executive Law §135.
Executive Law §135 expressly authorizes a notary to demand acceptance or payment of promissory notes and to protest them for non-payment. Because the instrument here is a promissory note presented for payment, and payment is refused, the authorized follow-up act is a protest for non-payment.
Notaries can protest both promissory notes and foreign bills of exchange under Executive Law §135.
Protest is only applicable for non-payment, not for non-acceptance of a promissory note.
Explanation
Whenever Executive Law §135 applies to negotiable instruments and similar written obligations, a notary may demand acceptance or payment and may protest for either non-acceptance or non-payment.
Memory Aid
Think: "Demand, then Protest" — first the notary demands acceptance or payment, then protests if the instrument is dishonored.