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Negotiable Instrument

Also called: commercial paper

A signed writing — typically a check, promissory note, draft, or bill of exchange — that contains an unconditional promise or order to pay a fixed amount of money and meets the form requirements of UCC Article 3 (13 Pa.C.S. § 3104). This is the document type subject to a notarial protest.

A document that fails the § 3104 definition — for example, a utility bill, an invoice, or a sovereign-citizen “promissory note” drafted to evade real obligations — is not a negotiable instrument, and a notary cannot issue a certificate of dishonor on it. Under 4 Pa. Code § 167.121(24), issuing a “protest” on a non-commercial record that does not meet the UCC definition is one of the 26 enumerated prohibited acts and grounds for discipline under § 323.

Source: 13 Pa.C.S. § 3104 — Negotiable instrument — link

See also: protest

This page is educational information, not legal advice. Pennsylvania notary law changes; always verify against the current version of RULONA (57 Pa.C.S. §§ 301–331) and 4 Pa. Code at pa.gov. Consult a PA-licensed attorney for specific situations.