A protest is a formal notarial act used in commercial transactions to officially certify that a negotiable instrument — such as a promissory note, bill of exchange, or check — has been presented for payment or acceptance and was refused (dishonored). The notary issues a written certificate of protest documenting this dishonor.
Important limitation: Government Code §8205(a)(1) explicitly restricts this function to a notary public employed by a financial institution, acting during the course and scope of that employment. A notary not employed by a financial institution does not have authority to protest negotiable instruments.
A protest creates a legal record necessary to preserve the rights of parties (such as endorsers) on the instrument. Protests are relatively rare in modern practice but remain a recognized notarial act under California law.
Exam Tip: Protest appears on the exam as a recognized notarial act, but the financial institution employment requirement is the key detail. The maximum fee for deposition-related services is specified by statute, but the protest fee is not separately itemized under §8211.
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