Malaysia legislation
Section 74A
Section 74A
(2)
Notwithstanding subsection (1), if at any time before payment is made, the paying bank request the collecting bank to present the cheque itself, the presentment under subsection (1) shall be disregarded, and section 74B shall not apply.
(3)
A request under subsection (2) for the presentment of cheque shall not constitute dishonour of the cheque by non-payment.
(4)
Subsection 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 the presentment of a cheque is made under this section, the collecting bank and the paying bank 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.
Bills of Exchange 49
Image return document