Promissory Notes

Protest of a Bill — Notarial Act of Dishonour

Within what period must a protest for non-payment be drawn up?

For a bill payable on a fixed date — within two working days after the deadline expires; for refusal to accept — by the second day after the presentation deadline.

Whom must I notify about the protest?

The holder notifies the immediate endorser and the drawer within four working days; each endorser notifies its own endorser within two working days, up the chain to the drawer.

What if I miss the notice deadline?

Rights are not lost, but the negligent party bears the resulting damage — capped at the amount of the bill.

Can the protest duty be waived?

Yes — by the return-without-expenses clause; the drawer's clause releases all signatories, an endorser's only that endorser.

When is a payment protest unnecessary upon refusal to accept?

When a protest has been declared for refusal to accept, neither presentation for payment nor a protest for non-payment is required.

5 min·25 Aug 2026

The protest is the most time-sensitive stage of enforcing rights under a bill of exchange: the official act certifying refusal to pay or to accept must be drawn up within the short statutory periods, and one missed day is enough to lose the claim against an entire chain of obligated persons. Legal.ge's lawyers accompany the protest procedure in full — from computing the deadlines to cascading the notices — so that your position reaches every person obligated on the bill.

What the Protest Is and Why It Is Indispensable

Refusal to pay a bill must be confirmed by an official act — a protest of refusal to accept or to pay. The protest is the document that fixes the refusal as a legal fact; once it exists, the way opens to claims against endorsers, the drawer, and avalists. Where the payer has stopped payments, or compulsory enforcement has proved futile, the holder may exercise its rights only after presenting the bill to the payer for payment and drawing up the protest. And where the payer has been declared insolvent, rights may be exercised only after presentation of the court ruling declaring the insolvency.

Protest Deadlines: Precise Computation Is a Matter of Survival

The law sets different periods for different situations. In the case of refusal to accept, the protest must be drawn up no later than the second day after the deadline for presenting the bill for acceptance. On an unpaid bill drawn payable on a specified date, or within a specified period from issuance or presentation, the protest must be drawn up within the two working days following the expiry of the payment deadline; for bills payable on presentation, the second-day rule applies. Where a protest is declared for refusal to accept, neither presentation of the bill for payment nor a protest for non-payment is required.

Presentation for Acceptance: Deadlines and Re-presentation

The holder may present the bill to the payer for acceptance before the payment deadline. The drawer may fix a deadline for presentation for acceptance; if none is fixed, a bill payable more than one year from issuance must be presented for acceptance within one year from the day of issuance. The drawer may shorten or extend this period; endorsers may only shorten it. The payer may demand re-presentation on the day following the first presentation — non-compliance may be excused only if this demand is recorded in the protest. The holder is not obliged to leave the bill with the payer presented for acceptance.

Updated: 13 Nov 2026