ADVOKS GLOBAL · KENYA
Bills of Exchange Act
45. Rules as to presentment for payment
Edition: 2022-12-31 · In force
45. Rules as to presentment for payment
(1)Subject to the provisions of this Act, a bill must be duly presented for payment; and if it be not so presented, the drawer and endorsers shall be discharged.(2)A bill is duly presented for payment which is presented in accordance with the following rules—(a)where the bill is not payable on demand, presentment must be made on the day it falls due;(b)where the bill is payable on demand, then, subject to the provisions of this Act, presentment must be made within a reasonable time after its issue in order to render the drawer liable, and within a reasonable time after its endorsement, in order to render the endorser liable; and in determining what is a reasonable time, regard shall be had to the nature of the bill, the usage of trade with regard to similar bills, and the facts of the particular case;(c)presentment must be made by the holder or by some person authorized to receive payment on his behalf at a reasonable hour on a business day at the proper place, as hereinafter defined, either to the person designated by the bill as payer, or to some person authorized to pay or refuse payment on his behalf, if with the exercise of reasonable diligence such person can there be found;(d)a bill is presented at the proper place—(i)where a place of payment is specified in the bill and the bill is there presented;(ii)where no place of payment is specified, but the address of the drawee or acceptor is given in the bill, and the bill is there presented;(iii)where no place of payment is specified, and no address given, and the bill is presented at the drawee’s or acceptor’s place of business, if known, and if not, at his ordinary residence, if known;(iv)in any other case, if presented to the drawee or acceptor wherever he can be found, or if presented at his last-known place of business or residence;(e)where a bill is presented at the proper place, and, after the exercise of reasonable diligence, no person authorized to pay or refuse payment can be found there, no further presentment to the drawee or acceptor is required;(f)where a bill is drawn upon or accepted by two or more persons who are not partners, and no place of payment is specified, presentment must be made to them all;(g)where the drawee or acceptor of a bill is dead, and no place of payment is specified, presentment must be made to a personal representative, if there be one and he can be found with the exercise of reasonable diligence;(h)where authorized by agreement or usage, a presentment through the Post Office is sufficient.(3)Notwithstanding the foregoing provisions of this section, a bill may be presented by the holder’s banker at the clearing house for settlement and where the rules governing the clearing house permit, presentation may be by electronic means.