SLS 10RS-1488 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 785
BY SENATOR QUINN
COMMERCIAL REGULATIONS. Defines "conspicuous statement" for purposes of accord
and satisfaction of a claim by use of a negotiable instrument. (8/15/10)
AN ACT1
To amend and reenact R.S. 10:3-311(b), relative to negotiable instruments; to provide for2
accord and satisfaction by use of an instrument; to define the term "conspicuous3
statement"; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 10:3-311(b) is hereby amended and reenacted to read as follows: 6
ยง3-311. Accord and satisfaction by use of instrument 7
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(b) Unless Subsection (c) applies, the claim is discharged if the person9
against whom the claim is asserted proves that the instrument or an accompanying10
written communication contained a conspicuous statement to the effect that the11
instrument was tendered as full satisfaction of the claim. For the purposes of this12
Section, "conspicuous statement" means a statement in no less than ten point13
font directly above the endorsement section of the instrument and in a separate14
bolded paragraph in an accompanying written communication, containing the15
following statement: "EXECUTION OF THIS INSTRUMENT FULLY16
DISCHARGES THE RELATED CLAIM AGAINST ISSUER."17 SB NO. 785
SLS 10RS-1488 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
* * *1
The original instrument and the following digest, which constitutes no part of
the legislative instrument, were prepared by Alan Miller.
DIGEST
Present law provides that under certain circumstances, a claim is discharged if the person
against whom the claim is asserted proves that the instrument or an accompanying written
communication contained a conspicuous statement to the effect that the instrument was
tendered as full satisfaction of the claim.
Proposed law retains present law and defines the term "conspicuous statement" as a statement
in no less than ten point font directly above the endorsement section of the instrument and in
a separate bolded paragraph in an accompanying written communication, containing the
following statement: "EXECUTION OF THIS INSTRUMENT FULLY DISCHARGES THE
RELATED CLAIM AGAINST ISSUER."
Effective August 15, 2010.
(Amends R.S. 10:3-311(b))