Lecture notes, cheat sheets
Advocacy and notary office. Protest bill (most important) Directory / Lecture notes, cheat sheets Table of contents (expand) 51. Protest of a bill At present, the circulation of bills of exchange on the territory of Russia is regulated mainly by the Decree of the Central Executive Committee and the Council of People's Commissars of the USSR of August 7, 1937 "On the Enactment of the Regulation on a Transferable and Promissory Note". Protest of a bill of non-payment, non-acceptance, non-dating of acceptance - notarial actions aimed at ensuring the protection of the interests of the subjects of the promissory note obligation. A promissory note is understood as a unilateral obligation, based on a contract and expressed in a strictly defined written form, to pay a certain sum of money. This is a strictly formal document, which is a security, so the absence of at least one of its details leads to its invalidity. A promissory note protest is a public act carried out by a notary in accordance with the legislation of the Russian Federation, with the aim of certifying facts that are legally significant for a bill of exchange obligation. Protest of a bill of non-payment or non-acceptance can be made by a notary only after the bill has been presented to the payer for acceptance or payment, respectively. Protest of a bill of non-payment, non-acceptance, non-dating of acceptance means certification of the fact of non-payment of the bill on time, certification of the fact of non-acceptance of the bill and certification of the fact of refusal to set the date of acceptance, respectively. Before accepting a bill of exchange for protest, the notary must check its details. A bill of exchange must contain: the name "bill" included in the text itself and expressed in the language in which this document is drawn up; a simple and unconditional offer to pay a certain amount; name of the person who must pay (payer); an indication of the due date and the place where the payment is to be made, as well as the name of the person to whom or by whose order the payment is to be made; indication of the date and place of drawing up the bill; signature of the person who issued the bill (drawer). On the day the bill is accepted for protest, the notary's office presents the payer with a demand for payment (or acceptance) of the bill. If the payer refuses to pay or accept the bill or if it fails to appear before the notary, the latter draws up an act in the prescribed form about the protest of non-payment or non-acceptance and makes an appropriate entry in the register, as well as a note about the protest of non-payment or non-acceptance on the bill itself. The act of protest of a bill shall indicate: the date of the protest, the surname and initials of the notary, the name of the notary's office, the name of the legal holder of the bill, the details of the bill, the due date, the amount for which the bill was issued, the name of the acceptor or payer, an indication of the presentation of the bill for payment ( acceptance) and non-receipt of payment (acceptance), the place of the protest, the registry number, a note on the collection of state duty or tariff, the signature and seal of a notary. Authors: Nevskaya M.A., Shalagina M.A. << Back: Issuance of certificates of ownership of a share in the common property of the spouses >> Forward: Certification of indisputable facts We recommend interesting articles Section Lecture notes, cheat sheets: ▪ Theory and methodology of education. Crib ▪ History and theory of religions. Crib See other articles Section Lecture notes, cheat sheets. Read and write useful comments on this article. Latest news of science and technology, new electronics: The existence of an entropy rule for quantum entanglement has been proven
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