Section 100: Protest

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881

Legal Commentary & Landmark Judgments: Section 100

Section 100 defines 'protest', providing for a formal notarial certificate attesting the dishonour of a promissory note or bill of exchange by non-acceptance or non-payment, or certifying security for better security.

  • Formal Notarial Certificate: An official certificate under the seal of a Notary Public attesting that the instrument was presented and dishonoured.
  • Protest for Better Security: Permits the holder of an accepted bill to protest for better security before maturity if the acceptor becomes bankrupt or suspends payment.
  • Universal International Evidentiary Value: Accepted across global jurisdictions as conclusive authentic proof of presentment and dishonour.
Key Landmark Precedents:
  • Vandewall v. Tyrrell (1827) M & M 87: Established that a formal protest is an essential solemnity in international commercial paper, authenticating dishonour for foreign courts.
  • Campbell v. Webster (1845) 2 CB 298: Affirmed that a notarial protest certificate under seal proves itself in evidence without calling the notary to the witness box.
Courtroom Practice & Strategic Litigation Guidance:

In international trade disputes involving foreign buyers or cross-border bills of exchange, always obtain a formal Notarial Protest Certificate under Section 100. Foreign courts and arbitration tribunals will reject recovery claims that lack formal protest.