Chapter V - Of Presentment
Section 75
Section 75: Presentment to an agent or representative
Section 75 identifies substitute recipients for presentment for acceptance or payment in agency, death and declared-insolvency settings.
On this page
Need advice on Section 75?
This article is for general information. Refer to the Negotiable Instruments Act, 1881 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Presentment for acceptance or payment may be made to the duly authorized agent of the drawee, maker or acceptor, as the case may be, or, where the drawee, maker or acceptor has died, to his legal representative, or, where he has been declared an insolvent, to his assignee.
Key rule and applicability
Presentment may be made to the relevant party’s duly authorised agent. If that party has died, it may be made to the legal representative; if declared insolvent, to the assignee.
Limits and related provisions
The conditions should not be collapsed into a rule allowing presentment to any employee, relative or creditor. Verify agency authority or the relevant representative or assignee status, as well as the other applicable presentment requirements.
Hypothetical business example
Hypothetical: a business learns that the note’s maker has died. It identifies the maker’s legal representative for presentment rather than assuming that any family member is an appropriate statutory recipient.
Practical decision flow
Identify which agency, death or declared-insolvency situation applies.
Obtain evidence of the agent’s authority or the representative or assignee’s status.
Keep the recipient details and presentment record with the instrument file.
Practical checklist
Do
- Identify which agency, death or declared-insolvency situation applies.
- Obtain evidence of the agent’s authority or the representative or assignee’s status.
- Keep the recipient details and presentment record with the instrument file.
Avoid
- The conditions should not be collapsed into a rule allowing presentment to any employee, relative or creditor. Verify agency authority or the relevant representative or assignee status, as well as the other applicable presentment requirements.
Glossary
- Duly authorised agent
- An agent with the authority required for the stated presentment role.
- Assignee
- The assignee in the declared-insolvency setting described in the section.
Frequently asked questions
Can presentment be to any employee automatically?
The provision specifies a duly authorised agent, so authority must be checked.
Who is named where the relevant party has died?
The legal representative.
Is a mere allegation of financial difficulty the stated insolvency condition?
The section refers to the person having been declared an insolvent.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026