Business Definition for: negotiable instrument
negotiable instrument
unconditional order or promise to pay an amount of money, easily transferable from one person to another. Examples: check, promissory note, draft (bill of exchange). The Uniform Commercial Code requires that for an instrument to be negotiable it must be signed by the maker or drawer, must contain an unconditional promise or order to pay a specific amount of money, must be payable on demand or at a specified future time, and must be payable to order or to the bearer.
negotiable instrument
written order to pay, such as an acceptance, check, bill of exchange, or promissory note, transferable from one person to another, provided certain conditions are met. When a person cashes a check, he negotiates the check by signing his name on the back and presenting it to a bank, thereby becoming the legal owner of funds represented by the writing on the face of the check. He may take the funds as cash or deposit the money into an account. Checks are negotiable by
endorsement
and delivery (also called PRESENTMENT) to the paying bank, which is then obligated to pay the check. If an instrument is payable to the bearer, for example, a bearer stock or bearer bond, negotiation is done by simply presenting the instrument.
Under Article 3 of the
Uniform Commercial Code (UCC)
, an instrument is negotiable if it is: (1) a written instrument signed by the endorser or maker; (2) an unconditional promise to pay a certain amount of money, either on demand or at a future date; and (3) payable to the holder or bearer. A person who becomes a
holder in due course
of a negotiable instrument by delivery, or by delivery and endorsement, has an unrestricted claim to the instrument, and can sue other people in his or her own name.
See also
check
,
draft
,
third party check
,
wrongful dishonor
,
notice of withdrawal
,
demand deposit
,
dishonor
,
protest
negotiable instrument
unconditional order or promise to pay an amount of money; easily transferable from one person to another. Examples are a check, promissory note, and draft (bill of exchange).
negotiable instrument
a promise to pay money, transferable from one person to another.
Example: Abel gave Baker a negotiable instrument that contained a promise to pay $1,000 on July 22 of this year. Baker sold the note for $900 cash to Collins by endorsing and delivering it. Collins became a
holder in due course
.
Related Terms:
- draft drawn upon a bank, payable upon demand to the person named upon the draft.
- to determine an item's accuracy such as by retotaling charges on an invoice or auditing source documents.
instrument normally used in international commerce to effect payment; also calledbill of exchange. It is simply an order written by an exporter (seller) requesting an importer (buyer) or its agent to pay a specified amount of money at a specified time. The person or business initiating the draft is known as themaker, drawer, ororiginator, The party to whom the draft is addressed is thedrawee
- check or draft payable to someone other than the check writer (the maker of the instrument) or the person who initially negotiates the check by endorsing the back of the instrument.
- check transferred by endorsement exchanging it for cash at a bank teller. The Uniform Commercial Code allows transfer of a check to a new owner any number of times. In practice, however, multiple endorsed checks are uncommon, and banks may be reluctant to accept them without verifying signatures of endorsers.
- payable through draft. Credit Union share draft account often are paid by a commercial bank, which then debits the credit union's account after paying drafts presented for payment, as are drafts that are written against a money market mutual fund.
failure to pay acheck or draft properly endorsed and presented for payment. Under the Uniform Commercial Code (UCC), the payer bank has until midnight of the day after it receives a check to pay or dishonor it. A bank may return a check with a missing signature, altered date, and so on, without penalty. If, however, the drawee the person presenting the check) suffers financially becauseof the bank's refusal to honor an otherwise payable check, the bankmay be liable to its customer for damages. The customer must still be able to prove financial harm.
written notice of a depositor's intention to withdraw funds from an interest bearing account. Banks may require customers to give notice seven days before withdrawals from time deposit accounts, and also Negotiable Order of Withdrawal (NOW) accounts. Most banks, however, waive the notice requirement in NOW accounts.
deposit from which funds may be drawn on demand and from which funds may be transferred to another party by means of a check. Demand deposits are the biggest component of the U.S. money supply.
to refuse to pay, as in the case of a check that is returned by a bank because of insufficient funds.
formal notice that a bank has refused to pay a check or other negotiable instrument properly and legally presented for payment. Protest is a means of legally proving that presentment was made, but rarely is used. Modern banking systems provide a sufficient audit trail to verify the conditions under which presentment was made.When a check is dishonored by the drawee bank, it can be presented a second time by a notary public or other public official. If the drawee bank still refuses to pay, an official statement is attached to the instrument,legally certifying that presentment was made and that the instrument was dishonored.
Referring Terms:
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