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Negotiable Instruments Negotiable instruments may be transferred from one person to another, who is known as a holder in due course. One type of negotiable instrument, called a promissory note, involves only two parties, the maker of the note and the payee, or the party to whom the note is payable. Negotiable instruments that have been materially altered without the permission of all parties involved are void. www.referenceforbusiness.com /encyclopedia/Mor-Off/Negotiable-Instruments.html   (984 words)

chinacourt Article 15 In the event a negotiable instrument is lost, the person losing it may promptly notify the drawer of the loss for the latter to stop payment thereof, unless no drawer is recorded on the instrument or it is hard to identify the drawer or his agent. Negotiable instruments involving foreign elements as mentioned in the preceding paragraph refer to the instruments that are issued, or endorsed, or accepted, or guaranteed, or paid either within or outside, the territory of the People's Republic of China. Where a person liable for a negotiable instrument is regarded as one having civil disability or limited civil ability according to the law of his own country, but as one having full civil ability according to the law of the place of his conduct, the law of the place of his conduct shall apply. en.chinacourt.org /public/detail.php?id=735   (6395 words)

THE NEGOTIABLE INSTRUMENTS ACT That the holder of a negotiable instrument is the ‘holder in due course’, except where the instrument has been obtained from its lawful owner or its lawful custodian by means of offence or fraud. An endorser of a negotiable instrument shall, in a suit thereon by the subsequent holder, be allowed to deny the signature or capacity to contract of any prior party to the instrument. The general rule about the negotiability is that the holder in due course of a bill or promissory note or cheque takes the instrument free from any defect which might be existing in the title of the transferor. barjatyanikhil.tripod.com /banking/negotiableinstrumentsact.htm   (5610 words)

Indian Bare Acts at Helplinelaw.com   (Site not responding. Last check: 2007-10-14) The endorser of a negotiable instrument may, by express words in the endorsement, exclude his own liability thereon, or make such liability or the right of the endorsee to receive the amount due thereon depend upon the happening of a specified event, although such event may never happen. If a negotiable instrument, after having been endorsed in blank, is endorsed in full, the amount of it cannot be claimed from the endorser in full, except by the person to whom it has been endorsed in full, or by one who derives title through such person. A negotiable instrument may be negotiated (except by the maker, drawee or acceptor after maturity) until payment or satisfaction thereof by the maker, drawee or accepter at or after maturity, but not after such payment or satisfaction. www.helplinelaw.com /bareact/bact.php?no=02&dsp=n-instruments   (3262 words)

Negotiable Instruments as supplied by EagleTraders.com It is generally held that a holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon. An instrument is dishonored when a necessary or optional presentment is duly made and due acceptance or payment is refused or cannot be obtained within the prescribed time. The act states that “where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is voided except as against a party who has himself made, authorized or assented to the alteration and subsequent indorser. www.eagletraders.com /advice/securities/negotiable_instruments.htm   (1552 words)

Chapter 23 Terms holder—A person who is in possession of a negotiable instrument that is drawn, issued, or indorsed to him or his order, or to bearer, or in blank. nonnegotiable contract—Fails to meet the requirements of a negotiable instrument and, therefore, is not subject to the provisions of UCC Article 3. time instrument—An instrument payable (1) at a fixed date, (2) on or before a stated date, (3) at a fixed period after sight, or (4)  at a time readily ascertainable when the promise or order is issued. people.morrisville.edu /~kellyjw/23terms.htm   (866 words)

Chapter 73 — Negotiable Instruments An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under ORS 73.0402 (1). In the case of an instrument of a third person that is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation. www.leg.state.or.us /ors/073.html   (9191 words)

NEGOTIABLE INSTRUMENT - Online Information article about NEGOTIABLE INSTRUMENT instruments arise in either of two ways: (1) by See also: The most commonly recognized negotiable instruments are bills of See also: Negotiable instruments constitute an exception to the See also: encyclopedia.jrank.org /NAN_NEW/NEGOTIABLE_INSTRUMENT.html   (212 words)

Van ban phap luat - ON NEGOTIABLE INSTRUMENTS   (Site not responding. Last check: 2007-10-14) In cases where a negotiable instrument is issued in Vietnam but accepted, transferred, guaranteed or paid in another country, it must be made, signed and issued according to the provisions of this Ordinance. If on a negotiable instrument the payable sum of money is inscribed in a foreign currency at variance with the legislation on foreign exchange management, it shall be paid in Vietnam dong at an exchange rate publicized by the Vietnam State Bank at the time of payment. In cases where a negotiable instrument is refused to be accepted or paid, the payee must notify in writing the drawer or transferor thereof. laws.dongnai.gov.vn /1991_to_2000/1999/199912/199912240005_en/lawdocument_view   (4036 words)

Negotiable Instruments Act, 1881 A “promissory note” is an instrument in writing (not being a bank-note or a currency-note) 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. Where a cheque bears across its face an addition of the name of a banker, either with or without the words “not negotiable”, that addition shall be deemed a crossing, and the cheque shall be deemed to be crossed specially, and to be crossed to that banker. As per section 118(e), endorsements appearing on the negotiable instrument are presumed to have been made in the order in which they appear on the instrument, unless contrary is proved. dateyvs.com /gener10.htm   (2143 words)

negotiable instrument - HighBeam Encyclopedia Transfer of a negotiable instrument, accomplished by delivery or endorsement and delivery, gives the new holder of the contract the right to enforce fulfillment in his own name. Negotiable instruments made payable to bearer are transferred by delivery; those made payable to order are transferred by endorsement and delivery. Like commercial paper, negotiable instruments were developed to meet the needs of trade. www.encyclopedia.com /doc/1E1-negotiab.html   (443 words)

DISHONOR of a negotiable instrument</a>   (Site not responding. Last check: 2007-10-14) The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. (a) Subject to subsection (b), an instrument is paid to the extent payment is made (i) by or on behalf of a party obliged to pay the instrument, and (ii) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person. www.liferepatterning.com /DISHONOR_of_a_negotiable_instrument.htm   (1020 words)

Negotiable instruments - Wex Negotiable instruments are mainly governed by state statutory law. To be considered negotiable an instrument must meet the requirements stated in Article 3. Negotiable instruments do not include money, payment orders governed by article 4A (fund transfers) or to securities governed by Article 8 (investment securities). www.law.cornell.edu /topics/negotiable.html   (438 words)

Lecture Notes — Ch. 23 An instrument that does not meet these requirements is not a negotiable instrument and is subject to contract law. A bearer instrument is payable to anyone in physical possession of the instrument who presents it for payment when it is due. Instruments can be converted from order paper to bearer paper, and vice versa, many times until the instrument is paid. myphliputil.pearsoncmg.com /student/bp_cheeseman_blaw_5/lec_23.html   (1776 words)

UCC3 In addition, negotiable instruments are easier to enforce than ordinary contracts for a number of reasons, including that consideration is presumed and past consideration is sufficient. A "holder" posesses an instrument that passed to himor her via an unbroken chain of negotiation and was issued, drawn, or indorsed to bearer or to his/her order. Negotiability (3-104) (in order to tell if an instrument is negotiable, the holder of the note must look to the face of the instrument. courseweb.stthomas.edu /law/classnotes/ucc3.htm   (2084 words)

Notes on PKI and Digital Negotiability nonetheless, to ensure that subsequent recipients of an encrypted instrument could confirm that the prior signatures were authentic, a person might, before transmitting the encrypted instrument by e-mail, attach to that electronic mail message (as an unencrypted document, digitally signed with his own private key) a copy of the message that he had received. to make any digital negotiable instrument payable to the order of an identified person-- namely, to the order of the person to whom the instrument was next being electronically transmitted, or to her principal. Under U.C.C. § 3-301(iii), a person not in possession of an instrument may nonetheless qualify as someone entitled to enforce the instrument if she can prove under U.C.C. § 3-309 that she was once in possession of and entitled to enforce the instrument but that the instrument was lost, destroyed, or stolen. www.wcl.american.edu /faculty/effross/cybercourier.html   (3963 words)

Commercial Paper: Holder in Due Course & Defenses The concept of value in the law of negotiable instruments is not the same as the cocnept of consideration in the law of contracts. Notice of a defective instrument is given whenever the holder (1) has actual knowledge of the defect; (2) has received a notice of the defect; or (3) has reason to know that a defect exists, given all the facts and circumstances known at the time in question. It is, however, in line with the concept of marketability and free transferability of negotiable instruments, as well as with contract law, which provides that assignees acquire the rights of assignors. www.pstcc.edu /departments/lat/classes/2300/notes/chap23.htm   (1252 words)

M.G.L. - Chapter 106, Section 3-104   (Site not responding. Last check: 2007-10-14) If an instrument falls within the definition of both “note” and “draft”, a person entitled to enforce the instrument may treat it as either. An instrument may be a check even though it is described on its face by another term, such as “money order”. (j) “Certificate of deposit” means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. www.mass.gov /legis/laws/mgl/106-3-104.htm   (344 words)

Secured Transactions and Negotiable Instruments   (Site not responding. Last check: 2007-10-14) A negotiable instrument is a check, promissory note, bill of exchange, security or other document that represents money that is be transferred to another. In general, the law of negotiable instruments is similar to contract law. However, a negotiable instrument may be distinguished from an ordinary contract by the fact that a negotiable instrument can be drafted in a way that makes it transferable to other parties. www.ackermanlevine.com /CM/FSDP/PracticeCenter/Business/Business-and-Commercial-Law.asp?focus=topic&id=2   (679 words)

Virtual Negotiable Instruments A Fantasy? Negotiable Instruments consist of three types of instruments namely, the Promissory Note, The Bill of Exchange and the Cheque. A “Bill of Exchange” (Sec 5) 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 and to the order of a certain person or to the bearer of the instrument. A Cheque as any other Negotiable Instrument is transferable by “Delivery” in case it is drawn payable to a Bearer and by “Endorsement “ and “Delivery” when made payable to order. www.naavi.org /cl_editorial/edit_22feb01_1.html   (759 words)

[No title] NEGOTIABILITY: WRITING & SIGNATURE (Written Form: A negotiable instrument must be (1) written on material that lends itself to permanence, and (2) portable. (A negotiable instrument must be signed by (a) the maker, or her authorized agent, if the instrument is a note or a certificate of deposit, or (b) the drawer, or his authorized agent, if the instrument is a draft or a check. NEGOTIABILITY: PAYMENT TO WHOM (Order Instrument: A negotiable instrument that is payable “to the order of” an identified payee (e.g., “Pay to the Order of Joan Ebert”) or “to” an identifiable person “or order” (e.g., “Pay to Joan Ebert or Order”). profj.us /outlines/ch24.doc   (646 words)

Business Laws - Negotiable Instruments The endorsee cause it to be protested for such dishonour and gives notice thereof in accordance with the law of France through not in accordance with the rules herein contained in respect of bills which are not foreign. If a negotiable instrument is made, drawn accepted or endorsed [outside India], but in accordance with the [law of India], the circumstance that any agreement evidenced by such instrument is invalid according to the law of the country wherein it was entered into does not invalidate any subsequent acceptance or endorsement made thereon [within India]. The punishment of the offence is imprisonment for a term which may extend to one year or with fine which may extend to twice the amount of the cheque or with both. www.sudhirlaw.com /Business4.html   (691 words)

Business Law, 8e: Chapter 21 A holder of a negotiable instrument has all of the rights of an assignee under contract law, plus any additional rights conferred by Article 3 of the UCC. In a negotiable instrument, the promise or order to pay must be unconditional. The note is not negotiable because the interest rate is tied to the prime rate. www.swlearning.com /blaw/davidson/davidson8e/quiz/ch21/quiz.html   (559 words)

Negotiable instrument (US4634148) A negotiable instrument operable for automatic bank scanning and processing wherein the negotiable instrument includes three field areas to receive maker, payee, and amount indicia. A fluorescent ink is applied as background on at least one of the field areas of the negotiable instrument. A method for processing a negotiable instrument having at least one generally rectangular field area on one side thereof to receive visible indicia by a payor of the negotiable instrument on top of a generally rectangular background field of fluorescent ink said method comprising steps of: www.delphion.com /details?pn10=US04634148   (313 words)

NEGOTIABLE INSTRUMENTS An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to section 3205(b). If an instrument is payable to an account and the account is identified only by number, the instrument is payable to the person to whom the account is payable. If an incomplete instrument is not an instrument under section 3104, but, after completion, the requirements of section 3104 are met, the instrument may be enforced according to its terms as augmented by completion. members.aol.com /StatutesP4/13.Cp.31.html   (3065 words)

Legal Definition of Negotiable NEGOTIABLE - An instrument is negotiable when the rules of law allow it to be traded between parties and good faith holders (Holders in Due Course) receive the instrument free of most defenses. A promissory note, properly drafted, is a negotiable instrument. When a claim is assigned which is not negotiable at law, such, for example, as a book debt, the title to it remains at law in the assigner, but the assignee is entitled to it in equity and he may therefore recover it in the assignor's name. www.lectlaw.com /def2/n011.htm   (236 words)

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