Singapore legislation

Section 89

of Bills of Exchange Act 1949

Section 89

Alternative means of presentment

(1)

A banker may present a cheque for payment to the banker on whom it is drawn by transmitting, by electronic means, an image and the electronic payment information of the cheque, instead of presenting the cheque itself.

(2)

Notwithstanding subsection (1), if at any time before payment is made, the banker on whom a cheque is drawn requests the banker who presented the cheque to present the cheque itself —

(a)

the presentment under subsection (1) shall be disregarded; and

(b)

section 90 shall not apply.

(3)

A request under subsection (2) for the presentment of a cheque shall not constitute dishonour of the cheque by non-payment.

(4)

Section 52(4) shall not apply —

(a)

in relation to presenting a bill for payment, to presenting a cheque for payment under subsection (1); and

(b)

in relation to a bill which is paid, to a cheque which is paid following presentment under subsection (1).

(5)

For the avoidance of doubt, any payment made upon presentment in accordance with this section shall not be taken to have been made outside of the ordinary course of business, in bad faith or negligently only because it is made upon transmission of an image and the electronic payment information of the cheque rather than presentment of the cheque itself.

(6)

Where presentment of a cheque is made under this section, the banker who presented the cheque and the banker on whom it is drawn shall be subject to the same duties in relation to the collection and payment of the cheque as if the cheque itself had been presented for payment.

(7)

For the purposes of this section —

(a)

the image of a cheque shall comprise the front view and the back view of the cheque; and

(b)

the electronic payment information of a cheque shall comprise such matters as may be prescribed by the Authority under section 91.