Types Of The Negotiable Instruments Created By: Piyush Dobariya (16)

Negotiable Instruments• What is negotiable?

• Negotiable means transferable.• The negotiation that goes on refers to the transfer of the

instrument between two people, or from one bank to another, or even from one country to another.

• What is an instrument?• In the broadest sense, almost any agreed-upon medium

of exchange could be considered a negotiable instrument.

• In day-to-day banking, a negotiable instrument usually refers to checks, drafts, bills of exchange, and some types of promissory notes.

Forms of Negotiable Instruments

•A negotiable instrument is a written order promising to pay a sum of money.

•A document becomes negotiable when it contains an unconditional promise to pay money and is payable to a bearer or payable on demand.

Nature of the negotiable instrument are:

Be in writingBe signed by the maker or drawerBe an unconditional promise or order to payState a fixed amount of moneyBe freely transferable from one to another personBe payable on demand or at a definite timeBe payable to order or to bearer

Types of negotiable instrument

Cheque

Bill of exchange

Promissory note

ChecksLegal definition:(S 6)

“A" cheque" is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand”.

NATURE

1. Always drawn on specified bank,

2. Always payable on demand.

3. Unconditional order

4. Certain sum of money

5. Sing

6. Banker name

7. Codes

8. Writing etc.

Parties of Check

Drawer : who makes cheque.

Drawee : Always banker.

Payee : whom the amount payable

Standard Features of a Check

Promissory Note Legal definition:(S 6)

"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.

Illustrations :• A signs instruments in the following terms• (a) " I promise to pay B or order Rs. 500." • (b)  I promise to pay B Rs. 500 which shall be due to him.“• (c) " I promise to pay B Rs. 500 seven days after my marriage with C."

Parties Of Promissory Note

Maker : who makes PN.

Payee : whom the amount payable

Essentials Of Valid Promissory Note Must be in writing Must be unconditional Must express promise to pay Must in term of money only Must pay in certain amount of money Must contain certain parties Must be signed by maker Other formalities like date, consideration etc.

Standard Features of a PN

Bill of exchange Legal definition:(S 5) “ 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, a certain person or to the bearer of the instrument.”

Parties Of Promissory Note:- Drawer : who makes BE Drawee : Always ACCEPTOR. Payee : whom the amount payable

Essentials Of Valid Bill Of Exchange Must be in writing Must be unconditional Must express order to pay Must in term of money only Must pay in certain amount of money Must contain certain parties Must be signed by drawer Other formalities like date, consideration, attestation etc.

Standard Features of a BE

OTHER TYPES

Inland instrument Foreign instrument Bearer instrument Order instrument Instrument payable on demand Time instrument

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