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Promissory Notes – Certificate of Protest-Default-Dishonour
Section 100 of Australian BOE Act 1909 states the following:
100 Protest when notary not accessible
(1) Where a dishonoured bill or note is authorized or required to be protested, any householder or substantial resident of the place where the bill is dishonoured may, in the presence of two witnesses, give a certificate, signed by them, attesting the dishonour of the bill, and the certificate shall in all respects operate as if it were a formal protest of the Bill.
My interpretation of the above section is that if the payer (maker of PN) chooses to meet at their local coffee shop for presentment of the promissory note(s) by the payee, then they could ask the owner of the coffee shop or a coffee shop employee over the age of 18 years to act as a notary for you, the payer. Is this correct?
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5 Replies
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I think Mark actually appoints a friend as a private Notary to do this for him at the meeting place.
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That’s the impression I had formed too from Mark’s module video but when I read Section 100 of BOE Act that seemed to exclude asking a family member to be a notary in the situation where they don’t live with the payer because it states “any householder or substantial resident of the place where the bill is dishonoured may, in the presence of two witnesses, give a certificate.”
My interpretation of this was if the payer doesn’t have a family member from their household (e.g. if they live on their own), then the only other option would be for them to ask someone at the coffee shop (e.g. business owner or employer 18+ years old) to act as a notary. From the wording, Section 100 seems to exclude friends, relatives, or even family members if they are not part of the household (i.e. living with the payer). But maybe the most important thing is that the notary must know the payer. If they do, then it fulfils the requirements of a notary where one is not available.
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Any householder, would mean “any”, there is no exclusion mentioned of family members, friends etc. If it’s not expressed, it is included. If you don’t have any householder because you live alone, then resident of the “place”. Usually “place” in all the legal documents is referring to the town/suburb/city, not house or street. So any residents, neighbours, friends, can meet you at the location for a cuppa. I would choose people who are on the same page. Are you connected with people in your area who are willing to stand?
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Thanks for your reply, that is very helpful. I had forgotten about if something is not expressed, then it is included (not excluded).
Yes, I agree with everything you have said and after watching the PN module video again, using an ally, friend, family member, or neighbour is okay. Yes, I have friends who are on the same page and wide awake to the elite/globalists agenda.
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Yes you’re probably right, I would choose some one I know as I can rely on them to create an affidavit if I need them to do so or come to court etc.