Description
Negotiable Instruments and Banking
NEGOTIABLE INSTRUMENTS & BANKING
Types of Deposits
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Which are types of Deposits?
Types of Deposits
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Which are types of Deposits?
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Demand Deposits – payable on demand Time Deposits – payable after certain time mutually agreed upon
Types of Deposits
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Demand Deposits – withdrawable by cheque/ withdrawal slip or even a simple letter containing instruction. Transfer of funds from accounts can be done by TT/ MT/ DD/ PO, etc. Time Deposits ??
Types of Deposits
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Time Deposits – discharging the receipts on maturity date. Time Deposits can be withdrawn before maturity date only with Bank?s consent
Bank Lend
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Commercial Banks Lend money by way of??
Bank Lend
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Commercial Banks Lend money by way of:
Overdraft ? Demand Loans ? Term Loans ? Cash Credits ? Purchase or discounting of bills, etc. For what purpose?
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Bank Lend
For what purpose? ? Financing Trade, commerce, industry or any other business activity
Security
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Banks mostly lend against security. Security like??
Security
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Banks mostly lend against security. Security like:
Goods ? Book debts ? Land & building ? Machinery ? Livestock ? Shares, etc. When loans are given against security, it is known as secured Advance.
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NI
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Negotiable Instruments Act 1881 NI occupy an important position in the operations of a bank. Promissory Notes, Bills of Exchange, cheques payable either to order to bearer are examples of negotiable instruments
NI Characteristics
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Easily transferable. Converse not true. Eg. The property in NI can be transferred by mere delivery of instrument if it is bearer or by _______ The title in a NI can be transferred – free from defect. Eg Liability is extensive. Eg They are either bearer or ___
Negotiation
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What is negotiation?
Negotiation
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What is negotiation?
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Where a bill of exchange, promissory note or cheque is transferred to any person, the instrument is said to be negotiated.
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Negotiation implies transfer by endorsement and delivery if payable to order or by delivery if payable to bearer
Bill of Exchange
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Sec 5 NI Act An instrument in writing containing an unconditional order signed by the maker, directing some certain person to pay certain sum of money to a certain person or to the order of that certain person or the bearer of the instrument
NI – Certain Definitions
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Maker of BoE – Drawer Person Directed to pay – Drawee Person named in instrument – Payee Name in addition to Drawee in case on endorsement – Drawee in case of need Acceptor – Drawee on giving assent
Cheque
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Sec 6 NI A bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand
Cheque Characteristics
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Negotiability
Cheque Characteristics
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Negotiability Payability
Cheque Characteristics
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Negotiability Payability Tripartite – Drawer, Drawee, Payee
Cheque Characteristics
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Negotiability Payability Tripartite – Drawer, Drawee, Payee Unconditionality
Cheque Characteristics
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Negotiability Payability Tripartite – Drawer, Drawee, Payee Unconditionality Monetary nature
Cheque Characteristics
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Negotiability Payability Tripartite – Drawer, Drawee, Payee Unconditionality Monetary nature Certainty
Cheque Characteristics
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Negotiability Payability Tripartite – Drawer, Drawee, Payee Unconditionality Monetary nature Certainty Payee certain
Cheque Characteristics
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Negotiability Payability Tripartite – Drawer, Drawee, Payee Unconditionality Monetary nature Certainty Payee certain To order or bearer
Difference - Cheque & BoE
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Drawee
Difference - Cheque & BoE
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Drawee – Cheque – Banker; BoE – not necessary
Difference - Cheque & BoE
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Drawee Payability
Difference - Cheque & BoE
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Drawee: Cheque – Banker; BoE – not necessary Payability: Cheque – on Demand; on Demand or payable on future date
Difference - Cheque & BoE
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Drawee Payability Maturity
Difference - Cheque & BoE
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Drawee: Cheque – Banker; BoE – not necessary Payability: Cheque – on Demand; on Demand or payable on future date Maturity: BoE – 3 days grace; Cheque – on Demand – no grace
Difference - Cheque & BoE
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Drawee Payability Maturity Crossing
Difference - Cheque & BoE
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Drawee: Cheque – Banker; BoE – not necessary Payability: Cheque – on Demand; on Demand or payable on future date Maturity: BoE – 3 days grace; Cheque – on Demand – no grace Crossing: Cheques – can be; BoE - never
Difference - Cheque & BoE
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Drawee Payability Maturity Crossing Notice of Dishonour
Difference - Cheque & BoE
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Drawee: Cheque – Banker; BoE – not necessary Payability: Cheque – on Demand; on Demand or payable on future date Maturity: BoE – 3 days grace; Cheque – on Demand – no grace Crossing: Cheques – can be; BoE - never Notice of Dishonour: Cheques – no notice; BoE – notice to all concerned parties
Crossing of Cheques
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When a cheque is crossed, the banker on whom it is drawn, shall pay the amount thereof only to a banker. Crossing reduces the risk of the proceeds going into wrong hands – having no title
Types of Crossing of Cheques
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General Crossing Sec 123 NI Act Where a cheque bears across its face in addition of the words “& „Company?” or any abbreviation thereof, between two parallel transverse lines or two parallel transverse lines simply, either with or without the words “not negotiable” that shall be deemed a crossing and the cheque shall be deemed to be crossed generally
& Company
Account Payee
Types of Crossing of Cheques
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Not Negotiable Crossing: Sec 130 Special Crossing Sec 124 NI Act State Bank of India
Account Payee – SBI
Not Negotiable - SBI
Who can Cross of Cheques
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Sec 125 Where cheque is not crossed – holder can cross it generally or specifically Where a cheque is crossed generally – holder can cross it specifically Where a cheque is crossed generally or specifically– holder can add “Not Negotiable”
Who can Cancel Crossing of Cheques
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Only the Drawee – by writing “Crossing canceled pay cash” across the cheque and authenticate it with the full signature
Holder
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A person entitled in his/ her own name the possession of promissory note and to receive or recover the amount due thereon from the parties thereto. Finder of Lost cheque is NOT a holder Self Learning: Who is a Holder in due course?
Cheque Endorsements
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When the holder of a negotiable instrument signs the same for the purpose of negotiation, on the back or face thereof or on a slip of paper annexed thereto, he or she is said to be endorse the same and is called an endorser
Types of Endorsements
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Endorsement in Blank – in effect making it bearer Endorsement in full – to certain person. By specifying the name, the endorser guarantees that at the time the cheque left the his/ her hands it was of good title and the instrument was genuine in all respects Conditional endorsement Restrictive endorsement “Sans Recourse” Endorsement
Paying Banker
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Paying Banker is the banker who makes the payment of cheque drawn by a customer or Drawee
Paying Banker – Duties & Responsibilities
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Payment of cheques – duty bound to honour subject to:
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Should be legal cheque Balance in account should permit
Paying Banker – Duties & Responsibilities
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Precautions to be taken
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Open or Crossed
Paying Banker – Duties & Responsibilities
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Precautions to be taken
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Open or Crossed Payment at the branch where the account stands
Paying Banker – Duties & Responsibilities
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Precautions to be taken
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Open or Crossed Payment at the branch where the account stands Mutilated cheques Correctness of form
Paying Banker – Duties & Responsibilities
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Precautions to be taken
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Open or Crossed Payment at the branch where the account stands Mutilated cheques Correctness of form Post-dated
Paying Banker – Duties & Responsibilities
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Precautions to be taken
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Open or Crossed Payment at the branch where the account stands Mutilated cheques Correctness of form Post-dated Stale
Paying Banker – Duties & Responsibilities
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Precautions to be taken
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Open or Crossed Payment at the branch where the account stands Mutilated cheques Correctness of form Post-dated Stale Amount in words & Figures should tally – If different, the amount in words can be considered; if amount in figures missing, then also amount in words can be considered; if amount in words is missing, then cheque has to be returned
Paying Banker – Duties & Responsibilities
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Precautions to be taken
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Open or Crossed Payment at the branch where the account stands Mutilated cheques Correctness of form Post-dated Stale Amount in words & Figures should tally Payment within Banking hours
Paying Banker – Duties & Responsibilities
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Precautions to be taken
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Open or Crossed Payment at the branch where the account stands Mutilated cheques Correctness of form Post-dated Stale Amount in words & Figures should tally Payment within Banking hours Alteration – In case of forgery – bank liable for payment
Paying Banker – Duties & Responsibilities
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Precautions to be taken
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Computation of balance – in case there are 2 cheques being presented and there is not sufficient balance to pay both, the bank should honour the cheque with lower amount
Paying Banker – Duties & Responsibilities
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Precautions to be taken
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Computation of balance Endorsements – bearer or blank endorsements
Paying Banker – Duties & Responsibilities
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Precautions to be taken
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Computation of balance Endorsements Forged Signature
Paying Banker – Duties & Responsibilities
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Payment in due course – payment in accordance with apparent tenor of the instrument in good faith and without negligence.
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Apparent Tenor Payment in Good faith Bona fides
Self Learning
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Collecting Banks – Duties & Responsibilities Cheques lost in transit Dishonour of cheques Cheque bouncing
Next Topic
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Types of Accounts
doc_528255294.ppt
Negotiable Instruments and Banking
NEGOTIABLE INSTRUMENTS & BANKING
Types of Deposits
?
Which are types of Deposits?
Types of Deposits
?
Which are types of Deposits?
? ?
Demand Deposits – payable on demand Time Deposits – payable after certain time mutually agreed upon
Types of Deposits
?
?
Demand Deposits – withdrawable by cheque/ withdrawal slip or even a simple letter containing instruction. Transfer of funds from accounts can be done by TT/ MT/ DD/ PO, etc. Time Deposits ??
Types of Deposits
?
Time Deposits – discharging the receipts on maturity date. Time Deposits can be withdrawn before maturity date only with Bank?s consent
Bank Lend
?
Commercial Banks Lend money by way of??
Bank Lend
?
Commercial Banks Lend money by way of:
Overdraft ? Demand Loans ? Term Loans ? Cash Credits ? Purchase or discounting of bills, etc. For what purpose?
?
Bank Lend
For what purpose? ? Financing Trade, commerce, industry or any other business activity
Security
?
Banks mostly lend against security. Security like??
Security
?
Banks mostly lend against security. Security like:
Goods ? Book debts ? Land & building ? Machinery ? Livestock ? Shares, etc. When loans are given against security, it is known as secured Advance.
?
NI
? ?
?
Negotiable Instruments Act 1881 NI occupy an important position in the operations of a bank. Promissory Notes, Bills of Exchange, cheques payable either to order to bearer are examples of negotiable instruments
NI Characteristics
? ?
?
?
?
Easily transferable. Converse not true. Eg. The property in NI can be transferred by mere delivery of instrument if it is bearer or by _______ The title in a NI can be transferred – free from defect. Eg Liability is extensive. Eg They are either bearer or ___
Negotiation
?
What is negotiation?
Negotiation
?
What is negotiation?
?
Where a bill of exchange, promissory note or cheque is transferred to any person, the instrument is said to be negotiated.
?
Negotiation implies transfer by endorsement and delivery if payable to order or by delivery if payable to bearer
Bill of Exchange
? ?
Sec 5 NI Act An instrument in writing containing an unconditional order signed by the maker, directing some certain person to pay certain sum of money to a certain person or to the order of that certain person or the bearer of the instrument
NI – Certain Definitions
? ? ?
?
?
Maker of BoE – Drawer Person Directed to pay – Drawee Person named in instrument – Payee Name in addition to Drawee in case on endorsement – Drawee in case of need Acceptor – Drawee on giving assent
Cheque
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Sec 6 NI A bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand
Cheque Characteristics
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Negotiability
Cheque Characteristics
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Negotiability Payability
Cheque Characteristics
? ? ?
Negotiability Payability Tripartite – Drawer, Drawee, Payee
Cheque Characteristics
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Negotiability Payability Tripartite – Drawer, Drawee, Payee Unconditionality
Cheque Characteristics
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Negotiability Payability Tripartite – Drawer, Drawee, Payee Unconditionality Monetary nature
Cheque Characteristics
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Negotiability Payability Tripartite – Drawer, Drawee, Payee Unconditionality Monetary nature Certainty
Cheque Characteristics
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Negotiability Payability Tripartite – Drawer, Drawee, Payee Unconditionality Monetary nature Certainty Payee certain
Cheque Characteristics
? ? ? ? ? ? ? ?
Negotiability Payability Tripartite – Drawer, Drawee, Payee Unconditionality Monetary nature Certainty Payee certain To order or bearer
Difference - Cheque & BoE
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Drawee
Difference - Cheque & BoE
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Drawee – Cheque – Banker; BoE – not necessary
Difference - Cheque & BoE
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Drawee Payability
Difference - Cheque & BoE
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Drawee: Cheque – Banker; BoE – not necessary Payability: Cheque – on Demand; on Demand or payable on future date
Difference - Cheque & BoE
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Drawee Payability Maturity
Difference - Cheque & BoE
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Drawee: Cheque – Banker; BoE – not necessary Payability: Cheque – on Demand; on Demand or payable on future date Maturity: BoE – 3 days grace; Cheque – on Demand – no grace
Difference - Cheque & BoE
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Drawee Payability Maturity Crossing
Difference - Cheque & BoE
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Drawee: Cheque – Banker; BoE – not necessary Payability: Cheque – on Demand; on Demand or payable on future date Maturity: BoE – 3 days grace; Cheque – on Demand – no grace Crossing: Cheques – can be; BoE - never
Difference - Cheque & BoE
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Drawee Payability Maturity Crossing Notice of Dishonour
Difference - Cheque & BoE
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Drawee: Cheque – Banker; BoE – not necessary Payability: Cheque – on Demand; on Demand or payable on future date Maturity: BoE – 3 days grace; Cheque – on Demand – no grace Crossing: Cheques – can be; BoE - never Notice of Dishonour: Cheques – no notice; BoE – notice to all concerned parties
Crossing of Cheques
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?
When a cheque is crossed, the banker on whom it is drawn, shall pay the amount thereof only to a banker. Crossing reduces the risk of the proceeds going into wrong hands – having no title
Types of Crossing of Cheques
?
?
?
General Crossing Sec 123 NI Act Where a cheque bears across its face in addition of the words “& „Company?” or any abbreviation thereof, between two parallel transverse lines or two parallel transverse lines simply, either with or without the words “not negotiable” that shall be deemed a crossing and the cheque shall be deemed to be crossed generally
& Company
Account Payee
Types of Crossing of Cheques
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Not Negotiable Crossing: Sec 130 Special Crossing Sec 124 NI Act State Bank of India
Account Payee – SBI
Not Negotiable - SBI
Who can Cross of Cheques
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?
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Sec 125 Where cheque is not crossed – holder can cross it generally or specifically Where a cheque is crossed generally – holder can cross it specifically Where a cheque is crossed generally or specifically– holder can add “Not Negotiable”
Who can Cancel Crossing of Cheques
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Only the Drawee – by writing “Crossing canceled pay cash” across the cheque and authenticate it with the full signature
Holder
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A person entitled in his/ her own name the possession of promissory note and to receive or recover the amount due thereon from the parties thereto. Finder of Lost cheque is NOT a holder Self Learning: Who is a Holder in due course?
Cheque Endorsements
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When the holder of a negotiable instrument signs the same for the purpose of negotiation, on the back or face thereof or on a slip of paper annexed thereto, he or she is said to be endorse the same and is called an endorser
Types of Endorsements
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? ? ?
Endorsement in Blank – in effect making it bearer Endorsement in full – to certain person. By specifying the name, the endorser guarantees that at the time the cheque left the his/ her hands it was of good title and the instrument was genuine in all respects Conditional endorsement Restrictive endorsement “Sans Recourse” Endorsement
Paying Banker
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Paying Banker is the banker who makes the payment of cheque drawn by a customer or Drawee
Paying Banker – Duties & Responsibilities
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Payment of cheques – duty bound to honour subject to:
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Should be legal cheque Balance in account should permit
Paying Banker – Duties & Responsibilities
?
Precautions to be taken
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Open or Crossed
Paying Banker – Duties & Responsibilities
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Precautions to be taken
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Open or Crossed Payment at the branch where the account stands
Paying Banker – Duties & Responsibilities
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Precautions to be taken
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Open or Crossed Payment at the branch where the account stands Mutilated cheques Correctness of form
Paying Banker – Duties & Responsibilities
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Precautions to be taken
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Open or Crossed Payment at the branch where the account stands Mutilated cheques Correctness of form Post-dated
Paying Banker – Duties & Responsibilities
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Precautions to be taken
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? ? ? ?
Open or Crossed Payment at the branch where the account stands Mutilated cheques Correctness of form Post-dated Stale
Paying Banker – Duties & Responsibilities
?
Precautions to be taken
? ? ? ? ? ? ?
Open or Crossed Payment at the branch where the account stands Mutilated cheques Correctness of form Post-dated Stale Amount in words & Figures should tally – If different, the amount in words can be considered; if amount in figures missing, then also amount in words can be considered; if amount in words is missing, then cheque has to be returned
Paying Banker – Duties & Responsibilities
?
Precautions to be taken
? ? ?
?
? ? ? ?
Open or Crossed Payment at the branch where the account stands Mutilated cheques Correctness of form Post-dated Stale Amount in words & Figures should tally Payment within Banking hours
Paying Banker – Duties & Responsibilities
?
Precautions to be taken
? ? ? ? ? ? ?
?
?
Open or Crossed Payment at the branch where the account stands Mutilated cheques Correctness of form Post-dated Stale Amount in words & Figures should tally Payment within Banking hours Alteration – In case of forgery – bank liable for payment
Paying Banker – Duties & Responsibilities
?
Precautions to be taken
?
Computation of balance – in case there are 2 cheques being presented and there is not sufficient balance to pay both, the bank should honour the cheque with lower amount
Paying Banker – Duties & Responsibilities
?
Precautions to be taken
? ?
Computation of balance Endorsements – bearer or blank endorsements
Paying Banker – Duties & Responsibilities
?
Precautions to be taken
? ? ?
Computation of balance Endorsements Forged Signature
Paying Banker – Duties & Responsibilities
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Payment in due course – payment in accordance with apparent tenor of the instrument in good faith and without negligence.
? ? ?
Apparent Tenor Payment in Good faith Bona fides
Self Learning
?
? ? ?
Collecting Banks – Duties & Responsibilities Cheques lost in transit Dishonour of cheques Cheque bouncing
Next Topic
?
Types of Accounts
doc_528255294.ppt