Negotiable instruments act 1881

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Transcript of Negotiable instruments act 1881

Page 1: Negotiable instruments act 1881
Page 2: Negotiable instruments act 1881

The term negotiable instruments means a written document which entitles a person to a sum of money.

A negotiable instruments is transferable by delivery or by endorsement and delivery.

The transfer entitles a person to the sum of money mentioned therein.

“Thus the negotiable instrument is a document which is legally recognized by custom of trade or law, transferable by delivery or by endorsement and delivery.”

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Characteristics Of a Negotiable Instrument

Freely transferable: The property in a negotiable instrument passes from one person to another by a simple process, i.e., by mere delivery if it is payable to bearer, and by endorsement and delivery if it is payable to order.

Holder’s title free from all defects: The holder in due course (one who acquires the instrument in good faith and for consideration) gets it free from all defects.

Recovery: One can sue upon the instrument in his own name.

Payable to order or bearer: - It must be payable either to order or bearer

Presumption as to Holder:- Every holder of negotiable instrument is presumed to be holder in due course.

Presumption as to considerations:- Every negotiable instrument is presumed to have been made, drawn, accepted, endorsed , negotiated or transferred for consideration.

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Types of Negotiable Instruments

Promissory note.

Bill of exchange.

Cheque.

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Promissory note.

A promissory note is an instrument in writing containing an unconditional undertaking signed by the maker to pay a certain sum of money only to or to the order of a certain person or to the bearer of the instrument.

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MAKER : The person who makes the promissory note and promises to pay is called the Maker.

PAYEE: The person to whom the payment is to be made is called the Payee.

HOLDER: The holder is either the payee or someone to whom he may have indorsed (transfer) the note is known as Holder.

ENDORSER: The person who indorses the note to another is called the Endorser .

ENDORSEE: The person to whose favor the note is endorsed is called the Endorsee

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It must be in writing.

It must contain a promise or undertaking to pay a definite sum of money.

The promise to pay must be unconditional.

It must be signed by the maker.

The payee must be identified & must be certain.

The sum payable must be certain.

Essentials Of The Promissory Notes

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Rs. 10,000/- Delhi, February10,2012

Three months after date I promise to pay cyko onorder the sum of ten thousand rupees, for value

received.To, Cyko 222, Ashok Vihar Delhi-110052

Stamp

Sd/-Ram

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Bill Of Exchange

A bill of exchange is an instrument in writing containing an unconditional order signed by the maker, directing a certain person to pay a certain sum of money only to, or to the order of certain person to the bearer of the instrument.

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DRAWER: The person who makes the bill of exchange is called drawer.

DRAWEE: The person who is directed to pay is called drawee.

PAYEE: The person to whom the payment is to be made is called payee.

ACCEPTOR: When the drawee accepts the bill is called acceptor.

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Characteristics of the Bill of Exchange

The amount payable must be certain.

The payment must be made in money.

The bill payable may be either on demand or after a specified period.

The bill may be payable either to the bearer or to the order of payee.

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Rs. 500 Greater Noida,21 Feb.2009

Three months after the date pay to Ram or order the sum of Five Hundred rupees , for value received.

To, Cyko 235,Subhash marg delhi-110006.

In case of need with Accepted Canara Bank, Delhi Cyko Sd/-

Stamp

Krishna

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A cheque is a bill of exchange drawn on a specified banker and expressed to be payable otherwise than on demand.

Cheque

The maker of a bill of exchange or Cheque is called the “Drawer"; the person thereby directed to pay is called the "Drawee".

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DRAWER: The person who makes a cheque is called Drawer.

DRAWEE: The person who is directed to pay is called Drawee.

PAYEE: The person to whom the payment is to be made.

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Essential characteristics of a Cheque

In writing

Express order to pay

Definite and unconditional order

Signed by drawer

Order to pay certain amount

Payable on demand

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No.…….. Date………..2010

Pay…………………………………………………………or bearer the

sum of Rs…………………………………

Rs………………… A/c No LF No Sd/- PUNJAB NATIONAL BANK Subzi Mandi,Delhi -110007 “5777100” 111013035”

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I CONCLUDE THAT THESE NEGOTIABLE INSTRUMENTS PLACE A VERY IMPORTANT ROLE IN PRESENT FINANCIAL SYSTEM FOR LOT OF SAFETY FOR THE FINANCIAL REQUIREMENTS.

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