Chapter IX - Of Noting and Protest
Section 99
Section 99: noting
Section 99 permits notarial noting of a dishonoured note or bill and specifies what the note records.
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Need advice on Section 99?
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
When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may cause such dishonour to be noted by a notary public upon the instrument, or upon a paper attached thereto, or partly upon each.
Such note must be made within a reasonable time after dishonour, and must specify the date of dishonour, the reason, if any, assigned for such dishonour, or, if the instrument has not been expressly dishonoured, the reason why the holder treats it as dishonoured, and the notary's charges.
Applicability and limits
Applies to notarial noting after a promissory note or bill has been dishonoured by non-acceptance or non-payment.
The section says the holder may cause noting; separate protest requirements may arise for some bills under other provisions.
Hypothetical example
Hypothetical: a foreign bill is refused acceptance. The holder asks a notary to note the date and stated reason promptly, then checks whether formal protest is required.
Steps and evidence
Preserve the original note or bill and dishonour evidence.
Instruct a notary within a reasonable time.
Check that the note states date, reason or basis of inferred dishonour, and charges.
Practical checklist
Do
- Confirm non-acceptance or non-payment of a note or bill.
- Arrange notarial noting within a reasonable time.
- Check date, reason and notary’s charges appear in the note.
Avoid
- The section says the holder may cause noting; separate protest requirements may arise for some bills under other provisions.
Glossary
- Noting
- A notary’s brief record of dishonour on or attached to the instrument.
- Protest
- A formal notarial certificate addressed separately in Section 100.
Frequently asked questions
Must noting be done by a notary public?
Section 99 describes noting by a notary public on or attached to the instrument.
Can noting be attached to the instrument?
Yes. Section 99 permits it on the instrument, on attached paper, or partly on each.
Is noting the same as protest?
No. Section 100 deals with a formal certificate called a protest.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026