ADMIN
[COMPANY NAME]
, Question 1. Explain the purpose of notarial noting and protest an
indicate its procedural benefit. (7)
Purpose of Notarial Noting and Protest
Notarial Noting
Notarial noting is a process performed by a notary public where a
dishonored bill of exchange, cheque, or promissory note is
formally noted. The purpose is to provide an official, legal record
of the dishonor, which can be used as evidence in court if needed.
The process involves the notary noting on the instrument itself or
on an annexed paper, the reason for the dishonor (e.g., non-
acceptance or non-payment), the date, and other relevant details.
Purpose:
1. Evidence of Dishonor: Provides legal proof that the bill,
cheque, or note was presented for acceptance or payment and
was dishonored.
2. Legal Recourse: Assists in establishing the dishonor in
court, enabling the holder to take legal action against the
drawer, endorser, or acceptor.
3. Preservation of Rights: Helps in preserving the holder's
right to proceed against all liable parties under the
instrument.
4. Timeliness: Ensures that the noting is done within a
specified time frame to maintain the instrument's validity for
legal proceedings.
Notarial Protest
Notarial protest is a formal declaration made by the notary public,
following the noting, that a bill of exchange, cheque, or