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A negotiable instrument is a document or a written order which guarantees the payment of a specified amount of money, either immediately (on demand) or at a future date. A negotiable instrument promises the payment without condition.
A negotiable instrument means a promissory note, bill of exchange or cheque payable either on order or to beare
Types of Negotiable Instruments
Promissory Notes
Some examples of Negotiable Instruments:
Bill of Exchange Section 5 is defined as “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 to bill of exchange:
Cheques
Parties to Cheque:
Types of cheque
Uncrossed / Open Cheque When a cheque is not crossed, it is known as an "Open Cheque" or an "Uncrossed Cheque". These cheques may be cashed at any bank and the payment of these cheques can be obtained at the counter of the bank or transferred to the bank account of the bearer. An open cheque may be a bearer cheque or an order one.
Bearer Cheque When the words "or bearer" printed on the cheque is not cancelled, the cheque is called a bearer cheque. A bearer cheque is made payable to the bearer i.e. it is payable to the person who presents it to the bank for encashment. However, such cheques are risky, this is because if such cheques are lost, the finder of the cheque can collect payment from the bank.
Order Cheque When the word "or bearer" printed on the cheque is cancelled and and the word ‘order’ may be written on the cheque, the cheque is called an order cheque. An order cheque is one which is payable to a particular person. The payee can transfer an order cheque to someone else by signing his or her name on the back of it.
Crossed Cheque
General Crossing Section 123: Where a cheque bears across its face an addition of words 'and company' or any abbreviation thereof, between two parallel transverse lines or of two pair parallel lines simply, either, with or without the words 'Not Negotiable' that addition shall be deemed a crossing and the cheque shall be deemed to be crossed generally.
Special crossing Section 124:- 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.It should be noted that in addition to these minimum statutory requirements for two types of crossing addition of words or lines may also be 'A/c payee', "Not Negotiable".
Anti-Dated Cheque Cheque in which the drawer mentions the date earlier than the date on which it is presented to the bank, it is called as "anti-dated cheque". Such a cheque is valid upto six months from the date of the cheque. For Example, a cheque issued on 10th Jan 2010 may bear a date 20th Dec 2009.
Post Dated Cheque Cheque on which drawer mentions a date which is yet to come(future date) to the date on which it is presented, is called post-dated cheque. For example, if a cheque presented on 10th Jan 2010 bears a date of 25th Jan 2010, it is a post-dated cheque. The bank will make payment only on or after 25th Jan 2010.
Stale Cheque If a cheque is presented for payment after three months from the date of the cheque it is called stale cheque. After expiry of that period, no payment will be made by banks against that cheque.
Mutilated Cheque When a cheque is torn into two or more pieces and presented for payment, such a cheque is called a mutilated cheque. The bank will not make payment against such a cheque without getting confirmation of the drawer.
What is cheque bounce/ dishonour of cheque? A cheque is said to be dishonoured or bounced when it is presented for payment to a bank but it is not paid because of some reason or the other. The following are some of the reasons why a cheque is generally bounced :
Cheque bounce is a criminal offence in India, covered under section 138 of the Negotiable Instruments Act. Under this section there is provision of imprisonment upto 6 months or fine upto twice the amount of cheque or both. .
Benefits of CTS:
NEFT – “National Electronic Fund Transfer”
RTGS- “Real Time Gross Settlement”
IMPS: Immediate Payment Services
MTSS: Money Transfer Service Scheme
Nepal Remittance Scheme
ECS(Electronic Clearing Services)
IFSC(Indian Financial System Code)
SWIFT Code:
A SWIFT code is used to identify a particular branch of a bank. These codes play an important role in various bank transactions, especially when it comes to international transactions. A SWIFT code may also be used by various banks to transfer other messages.
A SWIFT code may be of eight to eleven digits and has the following components:
About SWIFT(Society for Worldwide Interbank Financial Telecommunication): The Society for Worldwide Interbank Financial Telecommunication (SWIFT) provides a network that enables financial institutions worldwide to send and receive information about financial transactions in a secure, standardized and reliable environment. SWIFT also sells software and services to financial institutions, much of it for use on the SWIFTNet Network, and ISO 9362. Business Identifier Codes (BICs, previously Bank Identifier Codes) are popularly known as "SWIFT codes".SWIFT was founded in Brussels in 1973 under the leadership of its inaugural CEO
By: Vishal ProfileResourcesReport error
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