Key Takeaways

  • A protest is a formal declaration that a negotiable instrument was dishonored
  • Used for bills of exchange, promissory notes, and checks
  • Rarely performed in modern practice
  • Creates official record of dishonor for legal purposes
  • Specific notice requirements apply
Last updated: January 2026

Protests of Negotiable Instruments

In the 1800s, a merchant in San Francisco received a promissory note from a debtor in New York. When the note came due and the debtor refused to pay, the merchant needed an official record of the refusal to pursue legal action against the note's endorsers. He went to a notary public who performed a "protest"—a formal declaration of dishonor.

Today, this scenario is almost unheard of. But protests remain part of California notary law and may appear on your exam.

What Is a Protest?

A protest is a formal declaration by a notary public that:

ElementDescription
Instrument presentedA negotiable instrument was presented for payment
Payment refusedThe payer declined to pay ("dishonored" the instrument)
Rights preservedThe holder's legal rights against endorsers are protected

Think of a protest as the notary saying: "I officially witness and declare that this person tried to get paid but was refused."

Negotiable Instruments: What Can Be Protested?

InstrumentDefinitionExample
CheckOrder to a bank to pay a specific amountPersonal check
Promissory noteWritten promise to pay a certain amountLoan agreement
Bill of exchangeOrder directing a third party to payInternational trade documents
DraftSimilar to a check, drawn on banks or othersBank draft

All of these are "negotiable"—meaning they can be transferred from one person to another.

The Historical Purpose of Protests

Before modern banking, protests served essential purposes:

PurposeExplanation
Official recordCreates evidence that payment was demanded and refused
Preserve rightsHolder must protest to hold endorsers liable
Legal evidenceProvides proof for court proceedings
Notice triggerStarts the clock for notifying responsible parties

Who Are "Endorsers"?

When a negotiable instrument is transferred, each person who signs the back (endorses it) becomes potentially liable if the original maker doesn't pay:

Example:

  1. Alice writes a promissory note promising to pay $1,000
  2. Bob receives the note and endorses it to Carol
  3. Carol endorses it to Dave
  4. Alice refuses to pay Dave
  5. Dave protests the dishonor and can now pursue Bob and Carol (the endorsers) for payment

Modern Relevance: Why Protests Are Rare

ReasonExplanation
Electronic bankingMost payments are now electronic—no paper to protest
Bank handlingBanks process dishonored checks internally
Legal evolutionCommercial law provides other remedies
Alternative proofBank records serve as evidence of dishonor
Rare demandAttorneys rarely request protests

Reality check: You will probably never be asked to perform a protest during your notary career. But you should know what one is for the exam.

Basic Protest Procedure

If someone does request a protest (extremely unlikely):

StepAction
1Examine the negotiable instrument
2Note the date of presentment and dishonor
3Prepare a formal protest certificate
4Provide notice to responsible parties (maker, endorsers)
5Charge the appropriate fee

Protest Certificate Elements

If you ever prepare a protest certificate, it includes:

ElementWhat to Include
Description of instrumentType, amount, date, parties
Date of presentmentWhen payment was demanded
Statement of dishonorThat payment was demanded and refused
Reason for dishonorIf given (e.g., "insufficient funds")
Notary credentialsSignature, seal, commission info

Protest vs. Other Notarial Acts

FeatureProtestAcknowledgmentJurat
FrequencyExtremely rareVery commonCommon
PurposeRecord dishonorVerify signatureVerify oath
DocumentsNegotiable instrumentsDeeds, POAsAffidavits
SigningN/ANot required in presenceRequired in presence

On the Exam

Expect 1 question on protests. Key points tested:

  • Definition: Formal declaration of dishonored negotiable instrument
  • Modern use: RARELY performed today
  • Instruments: Checks, promissory notes, bills of exchange
  • Purpose: Preserve holder's rights against endorsers
  • Not to be confused with: Objecting to a notarization or filing a complaint
Loading diagram...
Protest of Negotiable Instrument
Test Your Knowledge

What is a protest in the context of notary duties?

A
B
C
D
Test Your Knowledge

How often are protests performed in modern notary practice?

A
B
C
D