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THE NEGOTIABLE INSTRUMENTS LAW I. FORM AND INTERPRETATION
Section 1. Form of negotiable instruments. - An instrument t be negotiable must conform to the following requirements: (a) It must be in writing and signed by the maker or drawer;
(b) ust contain an unconditional !romise or order to !a a sum certain in money; (c) ust be !ayable on demand" or at a #$ed or determinable future time; (d) ust be !ayable to order or to bearer; and (e) %here the instrument is addressed to a drawee" he must be named or otherwise indicated therein with reasonable certainty.
Sec. 2. %hat constitutes certainty as to sum. - &he sum !ayable is a sum certain within the meaning of this Act" although it is to be !aid: (a) with interest; or
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stated installments" with a !ro'ision that" u!on Special offer for students:(c) Onlyby $4.99/month. default in !ayment of any installment or of interest" the
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Sec. 3. %hen !romise is unconditional. - An unquali#ed orde or !romise to !ay is unconditional within the meaning of this Act though cou!led with: (a) An indication of a !articular fund out of which reimbursement is to be made or a !articular account to debited with the amount; or
(b) A statement of the transaction which gi'es rise to th instrument. ut an order or !romise to !ay out of a !articular fund is not unconditional.
Sec. 4. *eterminable future time; what constitutes. - An instrument is !ayable at a determinable future time" within th meaning of this Act" which is e$!ressed to be !ayable: (a) At a #$ed !eriod after date or sight; or a Preview (b) +n or before a You're #$edReading or determinable future time s!eci#ed therein; or Unlock full access with a free trial.
(c) +n or at a #$edDownload !eriodWith after the occurrence of a Free Trial s!eci#ed e'ent which is certain to ha!!en" though the time of ha!!ening be uncertain.
An instrument !ayable u!on a contingency is not negotiable" and the ha!!ening of the e'ent does not cure the defect.
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!ro'isions not a,ecting negotiability. - An instrument which contains an order or !romise to do any act
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(c) wai'es the bene#t of any law intended for the ad'antage or !rotection of the obligor; or (d) gi'es the holder an election to require something to done in lieu of !ayment of money. ut nothing in this section shall 'alidate any !ro'ision or sti!ulation otherwise illegal.
Sec. . +missions; seal; !articular money. - &he 'alidity and negotiable character of an instrument are not a,ected by the fact that: (a) it is not dated; or
(b) does not s!ecify the 'alue gi'en" or that any 'alue h been gi'en therefor; or (c) does not s!ecify the !lace where it is drawn or the !lace where it is !ayable; or You're Reading a Preview
(d) bears a seal; or
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(e) designates a !articular kind of current money in whic Download With Free Trial !ayment is to be made.
ut nothing in this section shall alter or re!eal any statute requiring in certain cases the nature of the consideration to b stated in the instrument.
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Sec. ". %hen !ayable to order. - &he instrument is !ayable t order where it is drawn !ayable to the order of a s!eci#ed !erson or to him or his order. It may be drawn !ayable to the order of: (a) A !ayee who is not maker" drawer" or drawee; or (b) &he drawer or maker; or (c) &he drawee; or (d) &wo or more !ayees ointly; or (e) +ne or some of se'eral !ayees; or (f) &he holder of an o/ce for the time being.
%here the instrument is !ayable to order" the !ayee must be named or otherwise indicated therein with reasonable certain
Sec. #. %hen !ayable to bearer. - &he instrument is !ayable You're Reading a Preview
bearer:
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(a) %hen it is e$!ressed to be so !ayable; or Download With Free Trial
(b) %hen it is !ayable to a !erson named therein or bearer; or
(c) %hen it is !ayable to the order of a #ctitious or none$isting !erson" and such fact was known to the !erson making it so !ayable; or
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NOTES
0. Ne%oti&'(e In)t*+,ent) 1 written contracts for the !ayment of mone by its form" intended as a substitute for money and intended to !ass from han to hand" to gi'e the holder in due course the right to hold the same and collec the sum due.
2.
-&*&cte*i)tic) o/ Ne%oti&'(e In)t*+,ent)0
&. ne%oti&'i(it 1 right of transferee to hold the instrument and collect t sum due
'. &cc+,+(&tion o/ )econ&* cont*&ct) 1 instrument is negotiated fr !erson to !erson
You're Reading a Preview 3. Die*ence 'eteen Ne%oti&'(e In)t*+,ent) /*o, NonNe%oti&' In)t*+,ent)0 Unlock full access with a free trial. Free Trial Ne%oti&'(e In)t*+,ent) Download With Nonne%oti&'(e In)t*+,ent) 4ontains all the requisites of 5ec. 0 of the 6I7 &ransferred by negotiation 8older in due course may ha'e better rights than transferor
Master your semester with Scribd 9rior !arties warrant !ayment & The New York Times
does not contain all the requisites o 5ec. 0 of the 6I7 transferred by assignment transferee acquires rights only of his transferor
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&ransferee has right of recourse i i di i
f
h
i h
f
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intermediate !arties who are secondarily liable
!arties
8older in due course may ha'e rights better than transferor
transferee merely ste!s into the of the transferor
5ubect is money
subect is goods
Instrument itself is !ro!erty of 'alue
instrument is merely e'idence of thing of 'alue are the goods men in the document
. P*o,i))o* Note 1 unconditional !romise to !ay in writing made by o !erson to anther" signed by the maker" engaging to !ay on demand or a #$ed determinable future time a sum certain in money to order or bearer. %hen the note is drawn to maker
maker !ayee
You're Reading a Preview
>. in trial. writing addressed by one Bi(( o/ E6c&n%e 1 unconditional Unlock full accessorder with a free !erson to another" signed by the !erson gi'ing it" requiring the !erson to who Download With FreeorTrial it is addressed to !ay on demand or at a #$ed determinable future time a s certain in money to order or to bearer. (5ec. 02> 6I7) 9arties: 0. 2. 3.
drawer !ayee drawee? acce!tor
Master your semester with Scribd Read Free Foron 30this Days Sign up to vote title & The New York Times Useful Not useful on demand. (5e @. -ec7 1 bill of e$change drawn on a bankand !ayable Special offer for0= students: 6I7)Only $4.99/month.
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Die*ence 'eteen P*o,i))o* Note &n Bi(( o/ E6c&n%e
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Di)tinction) 'eteen & -ec7 &n Bi(( o/ E6c&n%e
-HE-8
BOE
1 always drawn u!on a bank or banker
1 may or may not be drawn against a bank
1 always !ayable on demand
1 may be !ayable on demand or at a #$ed or determinable future time
1 not necessary that it be !resented for acce!tance
1 necessary that it be !resented for acce!tance
1 drawn on a de!osit
1 not drawn on a de!osit
1 the death of a drawer of a check" with knowledge by the banks" re'okes the authority of the banker !ay
1 the death of the drawer of the ordinary bill of e$change does not
1 must be !resented for !ayment within a reasonable time after its issue (> months)
1 may be !resented for !ayment within a reasonable time after its last negotiation.
0C.
Di)tinction) 'eteen & P*o,i))o* Note &n -ec7
PN
-HE-8 You're Reading a Preview
1 there are Unlock full access with a free trial.
three (3) !arties" the 1 there are two (2) !arties" the drawer" the drawee bank and the maker and the !ayee !ayee Download With Free Trial 1 may be drawn against any !erson" not necessarily a bank
1 always drawn against a bank
1 may be !ayable on demand or at a #$ed or determinable future time
-always !ayable on demand
1 a !romise to !ay
1 an order to !ay
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b.
trade acce!tances
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transaction and acquire credit e$ce!t to use as collateral the merchandise im!orted 03. Re:+i)ite) o/ & Ne%oti&'(e Note ;PN<0 ;SUDO< It must: a. b. c. d.
be in writing )igned by the drawer contains an +nconditional !romise or order to !ay a sum certain in mon be !ayable on emand or at a #$ed determinable future time be !ayable to order or to bearer (5ec. 0 6I7)
0. Re:+i)ite) o/ & Ne%oti&'(e Bi(( ;BOE<0 ;SUDO-< It must: 0. 2. 3. . .
be in writing )igned by the drawer contains an +nconditional !romise or order to !ay a sum certain in mon be !ayable on emand or at a #$ed determinable future time be !ayable to order or to bearer the drawee must be named or otherwise indicated with reasonable certainty (5ec. 0 6I7) You're Reading a Preview Unlock full access with a free trial.
Note) on Section 10
Download With Free Trial 1 In order to be negotiable" there must be a writing of some kind" else would be nothing to be negotiated or !assed from hand to hand. &he writing m be in ink" !rint or !encil. It may be u!on !archment" cloth" leather or any othe substitute of !a!er.
1 It must be signed by the maker or drawer. It may consist of mere initia or e'en numbers" but the holder must !ro'e that what is written is intended a signature of the !erson sought to be charged. Read Free Foron 30this Days Sign up to vote title
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DIn determining is the instrument is negotiable" only the instrument itself and other" must be e$amined and com!ared with the requirements stated in 5ec. it a!!ears on the instrument that it lacks one of the requirements" it is not negotiable and the !ro'isions of the 6I7 do not go'ern the instrument. &he requirement lacking cannot be su!!lied by using a se!arate instrument in wh that requirement which is lacking a!!ears. 0>. S+, i) ce*t&in e=en i/ it i) to 'e 9&i it0 a.
interest
b.
in installments
c.
in installments with acceleration clause
d.
with e$change
e.
costs of collection or attorney
0@. Eeneral ule: &he !romise or order should not de!end on a contingent e'ent. If it is conditional" it is non-negotiable. G$ce!tions:
You're Reading a Preview Unlock full access with a free trial.
a. indication of !articular fund from which the acce!tor disburses himself after !ayment Download With Free Trial b. 6I7)
statement of the transaction which gi'es rise to the instrument. (5ec.
ut an order or !romise to !ay out of a !articular fund is not unconditional
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it becomes unconditional and therefore non-negotiable. &he fund should Special offer forelse students: Only $4.99/month. only be the source of reimbursement.
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c. on or at a #$ed date after the occurrence of an e'ent certain to ha!!en though the e$act date is not certain (5ec. 6I7)
Note) on Section 4 1 If the instrument is !ayable u!on a contingency" the ha!!ening of the e'ent does not cure the defect (still non-negotiable)
0B. Gene*&( R+(e0 I/ )o,e ote* &ct i) *e:+i*e ote* t&n te 9&,e o/ ,one> it i) nonne%oti&'(e. G$ce!tions: a.
sale of collateral securities
b.
confession of udgment
c.
wai'es bene#t of law
d. gi'es o!tion to the holder to require something to be done in lieu of mo (5ec. 6I7)
You're Reading a Preview Note) o/ Section 5 1
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7imitation on the !ro'ision" it cannot require something illegal.
Download With Free Trial 1 &here are two kinds of udgements by confession: a) cogno'it actionem relicta 'eri#catione 1 4onfessions of udgement in the 9hili!!ines are 'oid as against !ublic !olicy. 1
If the choice lies with the debtor" the instrument is rendered non-
Master your semester with Scribd negotiable. Read Free Foron 30this Days Sign up to vote title & The New York Times Useful Not useful 2C. Te =&(iit &n ne%oti&'i(it o/ &n in)t*+,ent i) not &ecte ' Special offer for students: Only $4.99/month.
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issued" acce!ted" or endorsed after maturity (5ec. @ 6I7)
%here an instrument is issued" acce!ted or indorsed when o'erdue" it is" as regards to the !erson so issuing" acce!ting" or indorsing it" !ayable on deman
Note) on Section !
1 if the time for !ayment is left blank (as o!!osed to being omitted)" it may !ro!erly be considered as an incom!lete instrument and fall under the !ro'is of 5ec. 0" 0" or 0> de!ending on how the instrument is deli'ered. 22. In)t*+,ent i) 9&&'(e to o*e*0 1
where it is drawn !ayable to the order of a s!eci#ed !erson or
1
to a s!eci#ed !erson or his order
It may be drawn !ayable to the order of: 0. 2. 3. . . >.
a !ayee who is not a maker" drawer" or drawee the drawer or maker the drawee You're Reading a Preview two or more !ayees ointly one or some of se'eral !ayees Unlock full access with a free trial. the holder of an o/ce for the time being (5ec. = 6I7) Note) on Section " Download With Free Trial
1 &he !ayee must be named or otherwise indicated therein with reasona certainty. 1 If there is no !ayee" there would be no one to indorse the instrument !ayable to order. &herefore useless to be considered negotiable.
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eing se'eral !ayees is indicated by the conunction orJ.
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only and last indorsement is an indorsement in blank (5ec. B 6I7)
Note) on Section #
1 #ctitious !ersonJ is not limited to !ersons ha'ing no legal e$istence. e$isting !erson may be considered #ctitious de!ending on the intention of the maker or the drawer.
1 #ctitious !ersonJ means a !erson who has no right to the instrument because the maker or drawer of it so intended. 8e was not intended to be the !ayee. 1 where the instrument is drawn" made or !re!ared by an agent" the knowledge or intent of the signer of the instrument is controlling.
1 %here the agent has no authority to e$ecute the instrument" the inten the !rinci!al is controlling
2. Te &te ,& 'e in)e*te in &n in)t*+,ent en0 0. an instrument e$!ressed to be !ayable at a #$ed !eriod after date is You're Reading a Preview issued undated full access with a free trial.at a #$ed !eriod after sigh 2. where acce!tance of anUnlock instrument !ayable undated (5ec. 03 6I7) Download With Free Trial G,ects: 1
any holder may insert the true date of issuance or acce!tance
1 the insertion of a wrong date does not a'oid the instrument in the han of a subsequent holder in due course
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2. S+')e:+ent Ho(e* in D+e -o+*)e not &ecte ' te /o((oin%
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a.
incom!lete and undeli'ered instrument (5ec. 0 6I7)
b.
maker?drawer
2!.
Negotiable Instrument- De
Inco,9(ete '+t De(i=e*e In)t*+,ent0
0. %here an instrument is wanting in any material !articular: a.
8older has prima facie authority to #ll u! the blanks therein.
b. It must be #lled u! strictly in accordance with the authority gi'en and within a reasonable time.
c. If negotiated to a holder in due course" it is 'alid and e,ectual for all !ur!ose as though it was #lled u! strictly in accordance with the authority gi' and within reasonable time. (5ec. 0 6I7) 2. %here only a signature on a blank !a!er was deli'ered: 0.
It was deli'ered by the !erson making it in order that it may be con'e into a negotiable instrument 2. &he holder has prima facie authority to #ll it u! as such for any amount You're Reading a Preview (5ec. 0 6I7) Unlock full access with a free trial.
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