0
Is this instrument negotiable when a bank sued on the note it said it was a holder of a negatiable instrument?
Wiki User
∙ 15y agoWant this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
What are the different types of negotiable and non negotiable instruments?
types of negotiable instruments are drafts ,checks,notes,and certificates of deposit# Types of negotiable instruments are 1.drafts -An order by one person to another person or to bear, 2.check- A draft drawn on a bank and payable on demand to bearer, 3. certificates of deposit- A note made by a bank acknowledging a deposit of funds made payable to the holder of the note, and 4. Note- A promise by one party to pay money to another party or to bearer.
What is a banker's acceptance?
A banker's acceptance is a negotiable instrument or time draft drawn on and accepted by a bank, which upon acceptance becomes an obligation of the bank and is a marketable money-market instrument.
Holder in due course and holder?
Under the Uniform Negotiable Instruments Act, a holder in due course is one who meets two special pre-requisites: # He became a holder of the check or note before it was overdue; and # He took it in good faith and for value, without any reason to know at the time the person selling it to him had defective title. Otherwise, a holder is merely one who has received the check or note legally, by endorsement or delivey, and who is entitled to receive payment on the instrument.
What is Currency notes?
A currency note is a banknote -- a type of negotiable instrument known as a promissory note, made by a bank, payable to the bearer on demand.
Which act in India defines Demand-Draft?
There is no definite section that defines demand draft. "The Demand Draft is a pre-paid Negotiable Instrument, wherein the drawee bank undertakes to make payment in full when the instrument is presented by the payee for payment. ". Hence Negotiable Instrument Act 1881 covers demand draft.Source : rbidocs.rbi.org.in/rdocs/Publications/DOCs/4453.doc
Can section 138 of negotiable instrument act is applicable if the bank memo return with the remark account blocked?
Yes since account is in existece hence offence is madeout
Why do you discount a bill with a bank before it mature?
since the bill of exchange is a negotiable instrument, the holder of a bill can sell it to a bank, whenever should be stand in need of money before its due date. This is called discounting the bill. The discounting charge made by the bank is the interest on the amount of the bill for the unexpired period of the bill. Such charge is known as banker's discount. It is calculated at a certain rate of interest per Annam on the amount of the bill for the unexpired period.
List four requirements of a negotiable instrument?
Negociable Insturment" is defined in Uniform Commercial Code § 3-104 as follows: (a) Except as provided in subsections (c) and (d), "negotiable instrument" means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it: (1) is payable to bearer or to order at the time it is issued or first comes into possession of a holder; (2) is payable on demand or at a definite time; and (3) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor. (b) "Instrument" means a negotiable instrument. (c) An order that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of "check" in subsection (f) is a negotiable instrument and a check. (d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article. (e) An instrument is a "note" if it is a promise and is a "draft" if it is an order. If an instrument falls within the definition of both "note" and "draft," a person entitled to enforce the instrument may treat it as either. (f) "Check" means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or (ii) a cashier's check or teller's check. An instrument may be a check even though it is described on its face by another term, such as "money order." (g) "Cashier's check" means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank. (h) "Teller's check" means a draft drawn by a bank (i) on another bank, or (ii) payable at or through a bank. (i) "Traveler's check" means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term "traveler's check" or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument. (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. A certificate of deposit is a note of the bank
Who issues negotiable certificates?
Approved Commercial or Investment Bank issued Negotiable Instruments of Deposit (NID).
Why wont banks accept an unsigned check?
It is not a legally valid document if it is not signed. Without a sign the bank has no way to verify if the account holder issued a cheque or was it stolen from him. A Signature is a proof to the bank that the account holder issued the cheque as a binding instrument to pay another person.
Who is the largest stock holder in Bank of America?
Who is the largest stock holder in Bank of America????
What is a bank cheque?
A cheque is a negotiable instrument that can be issued by one person to pay money to another person/entity. The person to whom the cheque is issued is entitled to receive the sum mentioned in the cheque (provided the account has sufficient balance) from the bank where the cheque issuer holds his account
