non negotiable bill of exchange

[berry]

dear friends,

is it possible for a bill of exchange to be non-negotiable?

[picant]

Hi Pal,

in some Countries exists the possibility to endorse a Bill of exchange with the clause "not to order" (in italian NON ALL' ORDINE). The bill of exchange is not more transferable by endorsement. Banks seldom discount bills of exchange, so claused or with NO PROTEST, NO GUARANTEED notations.
However this is regulated by local laws.

Other comments appreciated.

Ciao

[dholat]

A bill of exchange is always negotiable. however a draft may be non negotiable.

[iLC]

i am sure how i should disagree with dholat. personally i dont think there is any significant differences between a bill of exchange and draft. a bill of exchange is governed by the negotiable instrument act which has commonly mentioned two instrument; almost in every law. first is bill of exchange and second is promissory note. the bill of exchange act 1882 uk defines bill of exchange as

A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.

i believe that "to or to the order" gives a option to treat BOE as a non negotiable instrument. i lawyer's view would have been nice

[jmitra]

good quote dear ilc. i think this one is more precise. Negotiable Instruments Act, 1881

13. "Negotiable instrument".-[(1) A "negotiable instrument" means a promissory note, bill of exchange or cheque payable either to order or to bearer.

Explanation (i).- A promissory note, bill of exchange or cheque is payable to order which is expressed to be so payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it shall not be transferable.

Explanation (ii).- A promissory note, bill of exchange or cheque is payable to bearer which is expressed to be so payable or on which the only or last endorsements is an endorsement is an endorsement in blank.

Explanation (iii) Where a promissory note, bill of exchange or cheque, either originally or by endorsement, is expressed to be payable to the order of a specified person, and not to him or his order, it is nevertheless payable to him or his order at his option.]

(2) A negotiable instrument may be made payable to two or more payees jointly, or it may be made payable in the alternative to one or two, or one or some of several payees.]

explanation 3 is surely not negotiable

[berry]

thanks for all your answer. could you please tell me the differences between bill of exchange and promissory note?

[picant]

Hi Pal,

IMHO difference is the wording and the use:

-Bill of exchange, the drawer intimates the drawee to pay at sight or at maturity( drawee must accept the bill of exchange at the stipulated maturity);

-Promissory Note, the drawee(debtor) promises to pay unconditionally at a stipulated maturity to a beneficiary(creditor)

Other comments and Characteristics , appreciated

Ciao

[shahriar]

there is a bit differences between a bill of exchange and a promissory note.

1. In bill of exchange here are three parties namely drawer, drawee and payee. In promissory note There are only two parties viz maker and payee
2. in bill of exchange The drawer and payee may be the same but for promissory note Maker cannot be the payee
3. bill of exchange is an unconditional order to drawee to pay according to the drawer’s instruction. promissory note is an unconditional promise by the maker to pay to the payee or to his order
4. bill of exchange Payable xxx days after sight must be accepted by the drawee or someone else on his behalf before it can be presented for payment. promissory note can be presented for payment without any prior acceptance by the maker

an example will also help you to understand i believe. a bill of exchange is similar to a cheque while a bank draft or pay order is a promissory note.

regd

shahriar

[syedzaidi]

Dear Sir,

if you have copies of non-negotiable documents like non negotiable bill of lading, you can release the consginment / goods from custom on the bahalf of bank gurantee. otherwise you need original documents for release the goods from custom authorities.

regards

Ali zaidi