Professional Documents
Culture Documents
Negotiable Instruments
Negotiation:
According to Section 14:
“When a Promissory Note, Bill of
Exchange or
Cheque is transferred to any person,
so as to
constitute that person holder thereof,
the
instrument is said to be negotiated”.
Holder—Defined:
According to Section 8:
“The holder of a promissory note, bill of
exchange or cheque means the payee or
the endorsee, who has the possession of
the instrument as its holder, and when
the instrument is payable to bearer, the
bearer of the instrument is holder”
Essential of a Holder:
4. Possession of the instrument
5. Right to receive the payment.
Holder in Due Course:
According to Section 9:
“Holder in due course means any
person, who for consideration
becomes the possessor of a
promissory note, bill of exchange or
cheque if payable to bearer, or payee
or endorsee, thereof if payable to
order, before it becomes overdue,
without notice that the title of the
person from whom he derived his
Essentials:
Holder of the instrument