Stuart Stone
Isn’t this overcomplicating things?
Bottom line for me: If I am given a cheque from ABC Bank, and I do my banking/have an account #000000001 with XYZ Bank, I go to XYZ Bank and PRESENT that cheque for payment into account #000000001.
Whatever XYZ Bank does behind the scenes to have the funds transferred from ABC Bank to XYZ Bank account #000000001 is none of my business.
Section 84 of the Canadian Act and Section 50 of the Australian Bills of Exchange Act says: 50 Rules as to presentment for payment (1)Subject to the provisions of this Act, a bill must be duly presented for payment. If it be not so presented, the drawer and indorsers shall be discharged.
It doesn’t say it has to be presented to the drawee, so present the completed Bill of Exchange/Cheque to the bank you/the corporation is using, for deposit into the designated account. That’s what logic tells me.
The practicalities of the situation may mean that I need to sit down with the bank manager & educate them that the completed bill is now a cheque before they deposit it, but once that relationship is established, they can then instruct their staff accordingly.