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it 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 order or to
bearer.
c. Bank check (they are really a
special form or kind of bill of
exchange) (SEC 185) - a check is
a bill of exchange drawn on a
bank payable on demand. Except
as herein otherwise provided, the
provisions of this act applicable
to a bill of exchange payable on
demand apply to a check.
PROMISSORY NOTES
Other instruments which are in form and
substance promissory notes:
1. Certificate of deposit a written
acknowledgement by a bank of the
receipt of money on deposit which the
bank promises to repay to the depositor,
bearer, to some other person, to the
order of the depositor, or to him or his
order, at a later date of on demand. It is
negotiable or nonnegotiable. It is only
netoable if drawn with all the essential
elements of a negotiable paper.
2. Bond it is an evidence of indebtedness
issued by a public or private
corporation, promising to pay a sum of
money on a day certain in the future. Its
negotiability is controlled by the same
rules governing promissory notes. It
runs for a longer period of time than a
promissory note and is issued for debts
of substantially larger amounts.
a. Registered bond payable only
to the person whose name
appears on the face of the
certificate and in the books of the
company, so it is not negotiable.
b. Coupon bond entitles the
holder to interest when due. Can
be negotiated just like
promissory notes independent of
the main instrument.
3. Bank note it is an instrument issued
by a bank for circulation as money
payable to bearer on demand.
4. Due bill it is a promissory note which
shows on its face an acknowledgment
by a person of his indebtedness to
another.
2. Special Types
a. Certificates of deposits (PN)
b. Bank notes (PN)
c. Due bills (PN)
d. Bonds (PN)
e. Drafts (BOE)
f. Trade acceptances (BOE)
g. Bankers acceptances (BOE)
FUNCTIONS OF NEGOTIABLE
INSTRUMENT
1. Does not constitute legal tender but
used as a substitute for money
a. Allows it to go from hand to hand in the
commercial markets
b. Purpose of law make negotiable
instruments freely acceptable in
financial transactions to facilitate trade.
2. Negotiable papers, particularly checks,
constitute the media of exchange most
commercial transaction
Documents of title
Refer to goods and not to money. They all have
this in common: that they are receipts of a
bailee, or orders upon a bailee. This is a