negotiable instruments act, 1881

NEGOTIABLE INSTRUMENTS ACT, 1881LEGAL ASPECTS OF BUSINESS1INTRODUCTION TO NEGOTIABLE INSTRUMENTS ACT, 1881The Negotiable Instruments Act was enacted, in India, in 1881. Prior to its enactment, the provision of the English Negotiable Instrument Act were applicable in India, and the present Act is also based on the English Act with certain modifications. It extends to the whole of India except the State of Jammu and Kashmir. The Act operates subject to the provisions of Sections 31 and 32 of the Reserve Bank of India Act, 1934. 2MEANING OF NEGOTIABLE INSTRUMENTThe word negotiable means transferable by delivery, and word instrument means a written document by which a right is created in favour of some person. Thus, the term negotiable instrument means a written document transferable by delivery.According to Section 13 (1) of the Negotiable Instruments Act, A negotiable instrument means a promissory note, bill of exchange, or cheque payable either to order or to bearer. A negotiable instrument may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two, or one or some of several payees [Section 13(2)].3FEATURES OF NEGOTIABLE INSTRUMENTSWriting and SignatureMoneyFreely TransferableTitle of Holder Free from all DefectsNoticePresumptionSpecial ProcedurePopularityEvidence4TYPES OF NEGOTIABLE INSTRUMENTSThere are two types of Negotiable Instruments:Instruments Negotiable by Statute:The Negotiable Instruments Act mentions only three kinds of negotiable instruments (Section 13). These are:Promissory NotesBills of Exchange, andChequesInstruments Negotiable by Custom or Usage:There are certain other instruments which have acquired the character of negotiability by the usage or custom of trade. For example: Exchequer bills, Bank notes, Share warrants, Circular notes, Bearer debentures, Dividend warrants, Share certificates with blank transfer deeds, etc.5PROMISSORY NOTESSection 4 of the Act defines, A promissory note is an instrument in writing (note being a bank-note or a currency note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money to or to the order of a certain person, or to the bearer of the instruments.The person who makes the promissory note and promises to pay is called the maker. The person to whom the payment is to be made is called the payee.6CHARACTERISTICS OF A PROMISSORY NOTEIt is an Instrument in WritingIt is a Promise to PaySigned by the MakerOther FormalitiesDefinite and Unconditional PromisePromise to Pay Money OnlyMaker must be a Certain PersonPayee must be CertainSum Payable must be CertainIt may be Payable on Demand or After a Definite Period of TimeIt cannot be Made Payable to Bearer on Demand7PARTIES TO A PROMISSORY NOTEMaker:Maker is the person who promises to pay the amount stated in the note.Payee:Payee is the person to whom the amount of the note is payable.Holder:He is either the payee or the person to whom the note may have been endorsed.8SPECIMEN OF PROMISSORY NOTERs. 10,000LucknowApril 10, 2013Three months after date, I promise to pay Shri Ramesh (Payee) or to his order the sum of Rupees Ten Thousand, for value received.To,Shri Ramesh,B-20, Green Park,Mumbai.(Maker)Stamp

Sd/-Ram9BILL OF EXCHANGEAccording to Section 5 of the act, 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. It is also called a Draft.

Special Benefits of Bill of Exchange:A bill of exchange is a double secured instrument.In case of immediate requirement, a Bill may be discounted with a bank.10ESSENTIAL ELEMENTS OF BILL OF EXCHANGEIt must be in Writing.Order to payDraweeSignature of the DrawerUnconditional OrderPartiesCertainty of AmountPayment in Kind is not ValidStampingCannot be made Payable to Bearer on Demand11PARTIES TO A BILL OF EXCHANGEDrawer:The maker of a bill of exchange is called the drawer.Drawee:The person directed to pay the money by the drawer is called the drawee.Payee:The person named in the instrument, to whom or to whose order the money are directed to be paid by the instruments are called the payee.12SPECIMEN OF BILL OF EXCHANGERs. 10,000MumbaiApril 10, 2013Three months after date pay to Ram (Payee) order the sum of Ten Thousand Rupees, for value received.To,SushilB-20, Green Park,Lucknow - 226020.Stamp

Sd/- RamIn case of need with Canara Bank, Delhi.(Drawer)(Drawer)AcceptedSushil13CLASSIFICATION OF BILL OF EXCHANGEInland and Foreign Bills [Section 11 and 12]Inland Bill:It is drawn in India on a person residing in India whether payable in or outside India; orIt is drawn in India on a person residing outside India but payable in India.

Foreign Bill:A bill drawn in India on a person residing outside India and made payable outside India.Drawn upon a person who is the resident of a foreign country.14CLASSIFICATION OF BILL OF EXCHANGE (Cont.) Time and Demand Bills:Time Bill: A bill payable after a fixed time is termed as a time bill. A bill payable after date is a time bill.Demand Bill: A bill payable at sight or on demand is termed as a demand bill.Trade and Accommodation Bills:Trade Bill: A bill drawn and accepted for a genuine trade transaction is termed as trade bill.Accommodation Bill: A bill drawn and accepted not for a genuine trade transaction but only to provide financial help to some party is termed as an accommodation bill.15CHEQUEAccording to Section 6 of the act, A cheque is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand. A cheque is also, therefore, a bill of exchange with two additional qualification:It is always drawn on a specified banker.It is always payable on demand.

Special Benefits of Bill of Exchange:A bill of exchange is a double secured instrument.In case of immediate requirement, a Bill may be discounted with a bank.16ESSENTIAL ELEMENTS OF A CHEQUEIn writingExpress Order to PayDefinite and Unconditional OrderSigned by the DrawerOrder to Pay Certain SumOrder to Pay Money OnlyCertain Three PartiesDrawn upon a Specified BankerPayable on Demand17PARTIES TO A CHEQUEDrawer:Drawer is the person who draws the cheque.Drawee:Drawee is the drawers banker on whom the cheque has been drawn.Payee:Payee is the person who is entitled to receive the payment of a cheque.18SPECIMEN OF CHEQUEPay ....... Or BearerRupees Rs. Kapoorthala Bagh,Mumbai 400033IFSCode:MAHB0000316A/c No.

473792 000240000 000000 10SHANKAR GAJARE

SignaturePlease sign above19DDMMYYYYTYPES OF A CHEQUEBearer ChequeCross Cheque

Cheque Crossed Specially

Restrictive Crossing (A/c Payee Only) and Company & CoNot Negotiableand Co.Not NegotiableA/C SBIBank of IndiaBank of IndiaNot NegotiableA/C PAYEE ONLY Bank of IndiaA/C PAYEENot NegotiableA/C PAYEE20NEGOTIATIONAccording to section 14 of the Act, when a promissory note, bill of exchange or cheque is transferred to any person so as to constitute that person the holder thereof, the instrument is said to be negotiated. The main purpose and essence of negotiation is to make the transferee of a promissory note, a bill of exchange or a cheque the holder there of.Negotiation thus requires two conditions to be fulfilled, namely:There must be a transfer of the instrument to another person; and The transfer must be made in such a manner as to constitute the transferee the holder of the instrument.21MODES OF NEGOTIATIONNegotiation by delivery (Sec. 47):Where a promissory note or a bill of exchange or a cheque is payable to a bearer, it may be negotiated by delivery thereof. Example: A the holder of a negotiable instrument payable to bearer, delivers it to Bs agent to keep it for B. The instrument has been negotiated.Negotiation by endorsement and delivery (Sec. 48): A promissory note, a cheque or a bill of exchange payable to order can be negotiated only be endorsement and delivery. Unless the holder signs his endorsement on the instrument and delivers it, the transferee does not become a holder. If there are more payees than one, all must endorse it.22ENDORSEMENT [SECTION 15] The word endorsement in its literal sense means, writing on the back of an instrument. But under the Negotiable Instruments Act it means, the writing of ones name on the back of the instrument or any paper attached to it with the intention of transferring the rights therein. Thus, endorsement is signing a negotiable instrument for the purpose of negotiation. The person who effects an endorsement is called an endorser, and the person to whom negotiable instrument is transferred by endorsement is called the endorsee.

Who may Endorse / Negotiate [Section 51]:Every Sole maker, drawer, payee or endorsee, or all of several joint makers, drawers, payees or endorsees of a negotiable instrument may endorse and negotiate the same if the negotiability of such instrument has not been restricted or excluded as mentioned in Section 50.23ENDORSEMENT (Cont.) Essentials of a Valid Endorsement:It must be on the back or face of instrument or on a slip of paper annexed thereto.It must be signed by the endorser.It must be completed by the delivery of the instrument.It must be made by the holder of the instrument.

Kinds of Endorsement:Blank or General EndorsementFull or Special EndorsementPartial EndorsementRestrictive EndorsementConditional Endorsement24THANK YOU25