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Negotiableinstrumentsn . ~ n n The following text provides an overview of some of the main concepts in the area of the law concerned with negotiable instruments. These are connected with finance and payment. 1 Read the text and decide whether these statements are true or false. 1 The possession of a negotiable instrument can be freely transferred physically or through signature. 2 An endorsement refers to a signature which serves to transfer ownership of the instrument to another party. 3 The nemo dat rule is strictly applied to the use of negotiable instruments. 4 If an instrument is 'payable to the order of' a certain person, this means that the holder of the instrument is entitled to payment. S Negotiable instruments are used to obtain credit or to pay financial obligations. the A further explanation 'negotiability' instrument, a promissory note. A an unconditional promise and is the maker, to pay a certain sum of money to or to the order of a named person or to the bearer of the document. Payable 'to the order of' person and 'to the bearer of' means Therefore, if a promissory with the underlying transaction, but who of no problems with the instrument, that person become a bona-fide purchaser for value or holder in due course (HDC).Specifically, the HOC takes good person transferring the instrument to him did not hold title. a lawsuit between the HOC and the maker, the HOC still gets paid because he is immune defences to payment. Negotiable instruments serve two different functions transactions: a credit function and a payment function. allows negotiable instruments to be used to obtain credit now, to be repaid out of future income. Common examples include promissory notes, certificates of deposit and debentures4. 1 (US) alsocommercial paper 2 (US) checks 3 (US) indorsement 4 (US) bond or secured debenture (both are secured debt instruments). A debenture in the USA is a debt instrument which may be secured or unsecured, whereas in the UK, a debenture is usually a secured debt instrument evidenced by a document under seal (a deed) and protects the rights of the debenture holder. A certificate of deposit is a bank's acknowledgment of a deposit and a promise to pay the depositor to other person or that person's order. A debenture is the most common by companies in the It is usually repayable at a determined by the assets of the company, although sometimes it is unsecured to as a naked debenture. The of cash payments which may are cheques and bills of Exchange5. party (the drawer), of money on for a bill of Another of Credit. A 5 (US) also drafts e 2 Complete these sentences using terms from Reading 1. 1 A c of d is a record of a deposit with a fixed time period and a fixed rate of interest. 2 A loan raised by a company which pays a fixed rate of interest and which is secured on the assets of a company in the UK is called ad.................... 3 A c is a negotiable bank instrument which is payable on demand and which instructs a bank to pay the sum indicated to the party named on the instrument from funds held on deposit. 4 A note which unconditionally promises in writing to pay a sum of money to a party either on demand or at a time in the future is known as a p n... 5 A b of e (most often referred to as ad . in the USA) is a written order which directs one party to pay a certain sum of money to a third party. 3 These parties are all involved in the use of negotiable instruments. Match these parties (1-7) with their definitions (a-g). 1 bearer a party who signs a note, cheque or other negotiable instrument and who promises to pay an obligation when due b party who has acquired possession of a negotiable instrument through proper negotiation for value, in good faith, and without notice of any defences to it c party who is in possession of a negotiable instrument payable to bearer or endorsed in blank d party who issues or signs a bill of exchange or draft as a party ordering payment 2 drawer 3 drawee 4 endorsee Unit12 Negotiable instruments E 5 holder in due course 7 payee e party to whom a cheque, draft or note is payable. The payee's name follows the words: 'Pay to the order of'. f party on whom a bill of exchange or draft is drawn, and thus who is required to make payment g party to whom a negotiable instrument is transferred by the act of endorsement 6 maker 09 2. 0 The following text is an excerpt from a USpromissory note, which is a written promise to repay a debt at a certain time through a series of payments or on demand. Generally, a promissory note states the parties involved, the amount to be repaid and the terms of repayment [when the payments are to be made and how much interest is charged). Additionally, some promissory notes include a kind of 'acceleration clause', stating under which circumstances the entire amount will become due. Date: 2015-12-11; view: 1947
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