2021 Oregon Revised Statutes
Chapter 073 - Negotiable Instruments
Section 73.0502 - Dishonor.


(a) If the note is payable on demand, the note is dishonored if presentment is duly made to the maker and the note is not paid on the day of presentment.
(b) If the note is not payable on demand and is payable at or through a bank or the terms of the note required presentment, the note is dishonored if presentment is duly made and the note is not paid on the day it becomes payable or the day of presentment, whichever is later.
(c) If the note is not payable on demand and paragraph (b) of this subsection does not apply, the note is dishonored if it is not paid on the day it becomes payable.
(2) Dishonor of an unaccepted draft other than a documentary draft is governed by the following rules:
(a) If a check is duly presented for payment to the payor bank otherwise than for immediate payment over the counter, the check is dishonored if the payor bank makes timely return of the check or sends timely notice of dishonor or nonpayment under ORS 74.3010 or 74.3020, or becomes accountable for the amount of the check under ORS 74.3020.
(b) If a draft is payable on demand and paragraph (a) of this subsection does not apply, the draft is dishonored if presentment for payment is duly made to the drawee and the draft is not paid on the day of presentment.
(c) If a draft is payable on a date stated in the draft, the draft is dishonored if:
(A) Presentment for payment is duly made to the drawee and payment is not made on the day the draft becomes payable or the day of presentment, whichever is later; or
(B) Presentment for acceptance is duly made before the day the draft becomes payable and the draft is not accepted on the day of presentment.
(d) If a draft is payable on elapse of a period of time after sight or acceptance, the draft is dishonored if presentment for acceptance is duly made and the draft is not accepted on the day of presentment.
(3) Dishonor of an unaccepted documentary draft occurs according to the rules stated in subsection (2)(b), (c) and (d) of this section, except that payment or acceptance may be delayed without dishonor until no later than the close of the third business day of the drawee following the day on which payment or acceptance is required by those paragraphs.
(4) Dishonor of an accepted draft is governed by the following rules:
(a) If the draft is payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and the draft is not paid on the day of presentment.
(b) If the draft is not payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and payment is not made on the day it becomes payable or the day of presentment, whichever is later.
(5) In any case in which presentment is otherwise required for dishonor under this section and presentment is excused under ORS 73.0504, dishonor occurs without presentment if the instrument is not duly accepted or paid.
(6) If a draft is dishonored because timely acceptance of the draft was not made and the person entitled to demand acceptance consents to a later acceptance, from the time of acceptance the draft is treated as never having been dishonored. [1993 c.545 §63]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 02 - Business Organizations, Commercial Code

Chapter 073 - Negotiable Instruments

Section 73.0102 - Application of chapter.

Section 73.0103 - Definitions.

Section 73.0104 - Negotiable instrument; other definitions.

Section 73.0105 - Issue of instrument.

Section 73.0106 - Unconditional promise or order.

Section 73.0108 - Payable on demand or at definite time.

Section 73.0109 - Payable to bearer or to order.

Section 73.0110 - Identification of person to whom instrument is payable.

Section 73.0112 - Interest.

Section 73.0113 - Date of instrument.

Section 73.0115 - Incomplete instrument.

Section 73.0116 - Joint and several liability; contribution.

Section 73.0118 - Statute of limitations.

Section 73.0201 - Negotiation.

Section 73.0202 - Negotiation subject to rescission.

Section 73.0203 - Transfer of instrument; rights acquired by transfer.

Section 73.0204 - Indorsement.

Section 73.0205 - Special indorsement; blank indorsement; anomalous indorsement.

Section 73.0206 - Restrictive indorsement.

Section 73.0302 - Holder in due course.

Section 73.0303 - Value and consideration.

Section 73.0304 - Overdue instrument.

Section 73.0305 - Defenses and claims in recoupment.

Section 73.0307 - Notice of breach of fiduciary duty.

Section 73.0308 - Proof of signatures and status as holder in due course.

Section 73.0309 - Enforcement of lost, destroyed or stolen instrument.

Section 73.0310 - Effect of instrument on obligation for which taken.

Section 73.0312 - Lost, destroyed or stolen cashier’s check, teller’s check or certified check.

Section 73.0401 - Signature.

Section 73.0402 - Signature by representative.

Section 73.0403 - Unauthorized signature.

Section 73.0404 - Impostors; fictitious payees.

Section 73.0405 - Employer’s responsibility for fraudulent indorsement by employee.

Section 73.0406 - Negligence contributing to forged signature or alteration of instrument.

Section 73.0407 - Alteration.

Section 73.0409 - Acceptance of draft; certified check.

Section 73.0410 - Acceptance varying draft.

Section 73.0411 - Refusal to pay cashier’s checks, teller’s checks and certified checks.

Section 73.0413 - Obligation of acceptor.

Section 73.0414 - Obligation of drawer.

Section 73.0415 - Obligation of indorser.

Section 73.0416 - Transfer warranties.

Section 73.0417 - Presentment warranties.

Section 73.0418 - Payment or acceptance by mistake.

Section 73.0419 - Instruments signed for accommodation.

Section 73.0420 - Conversion of instrument.

Section 73.0501 - Presentment.

Section 73.0502 - Dishonor.

Section 73.0503 - Notice of dishonor.

Section 73.0504 - Excused presentment and notice of dishonor.

Section 73.0505 - Evidence of dishonor.

Section 73.0601 - Discharge and effect of discharge.

Section 73.0602 - Payment.

Section 73.0603 - Tender of payment.

Section 73.0604 - Discharge by cancellation or renunciation.

Section 73.0605 - Discharge of indorsers and accommodation parties.