This document summarizes key elements that make an instrument negotiable including that it must be in writing and signed, contain an unconditional promise to pay a sum certain in money, be payable on demand or at a fixed time, and be payable to order or to bearer. Additional sections define what makes a sum certain and discuss issues like when an instrument is payable on demand, to order, or to bearer. Key points are summarized around requirements for an instrument to be considered negotiable.
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N.I. (Sec. 1 - 14)
This document summarizes key elements that make an instrument negotiable including that it must be in writing and signed, contain an unconditional promise to pay a sum certain in money, be payable on demand or at a fixed time, and be payable to order or to bearer. Additional sections define what makes a sum certain and discuss issues like when an instrument is payable on demand, to order, or to bearer. Key points are summarized around requirements for an instrument to be considered negotiable.
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NEGOTIABLE INSTRUMENTS
IN an attorney's fee, in case payment
GENERAL. shall not be made at maturity.
CHAPTER I. SEC. 3. When promise is
unconditional.—An unqualified FORM AND INTERPRETATION. order or promise to pay is unconditional within the meaning of SECTION 1. Form of negotiable this Act, though coupled with— instrument.—An instrument to be (a) An indication of a negotiable must conform to the particular fund out of which following requirements: reimbursement is to be made, or a (a) It must be in writing and particular account to be debited with signed by the maker or drawer; the amount; or (b) Must contain an (b) A statement of the unconditional promise or order to transaction which gives rise to the pay a sum certain in money; instrument. (c) Must be payable on But an order or promise to pay out of demand, or at a fixed or a particular fund is not unconditional. determinable future time; (d) Must be payable to order SEC. 4. Determinable future time; or to bearer; and what constitutes.—An instrument is (e) Where the instrument is payable at a determinable future addressed to a drawee, he must be time, within the meaning of this Act, named or otherwise indicated therein which is expressed to be payable— with reasonable certainty. (a) At a fixed period after date or sight; or SEC. 2. Certainly as to sum ; what (b) On or before a fixed or constitutes.—The sum payable determinable future time specified sum is a sum certain within the therein; or meaning of this Act, although it is to (c) On or at a fixed period be paid— after the occurrence of a specified (a) With interest; or event, which is certain to happen, (b) By stated installments^ or though the time of happening be (c) By stated installments, uncertain. with a provision that upon default in An instrument payable upon a payment of any installment or of contingency is not negotiable, and interest the whole shall become due; the happening of the event does not or cure the defect. (d) With exchange, whether at a fixed rate or at the current rate; SEC. 5. Additional provisions not or affecting negotiability.— An (e) With costs of collection or instrument which contains an order or promise to do any act in f addition requiring in certain cases the nature to the payment of money is not of the consideration to be stated in negotiable. But the negotiable the instrument. character of an instrument otherwise negotiable is not affected by a SEC. 7. When payable on demand. provision which— —An instrument is payable on (a) Authorizes the sale of demand— collateral securities in case the (a) Where it is expressed to instrument be not paid at maturity; or be payable on demand, or at sight, (b) Authorizes a confession of or on presentation; or judgment if the instrument be not (b) In which no time for paid at maturity; or payment is expressed. (c) Waives the benefit of any law intended for the advantage or Where an instrument is protection of the obligor; or issued, accepted, or indorsed when (d) Gives the holder an overdue, it is, as regards the person election to require something to be so issuing, accepting, or indorsing it, done in lieu of payment of money. payable on demand.
But nothing in this section SEC. 8. When payable to order.—
shall validate any provision or The instrument is payable to order stipulation otherwise illegal. where it is drawn payable to the order of a specified person or to him SEC. 6. Omissions; seal; or his order. It may be drawn particular money.—The validity and payable to the order of— negotiable character of an (a) A payee who is not instrument are not affected by the maker, drawer, or drawee; or fact that— (b) The drawer or maker; or (a) It is not dated; or (c) The drawee; or (b) Does not specify the value (d) Two or more payees given, or that any value has been jointly; or given therefor; or (e) One or some of several (c) Does not specify the payees; or place where it is drawn or the place (f) The holder of an office for where it is payable; or the time being. (d) Bears a seal; or Where the instrument is (e) Designates a particular payable to order the payee must be kind of current money in which named or otherwise indicated therein payment is to be made. with reasonable certainty.
But nothing in this section SEC. 9. When payable to bearer.—
shall alter or repeal any statute The instrument is payable to bearer — (a) When it is expressed to be SEC. 13. When date may be so payable; or inserted.—Where an instrument (b) When it is payable to a expressed to be payable at a fixed person named therein or bearer; or period after date is issued undated, (c) When it is payable to the or where the acceptance of an order of a fictitious or person, and instrument payable at a fixed period such fact was known to the person after sight is undated, any holder making it so payable; or may insert therein the true date of (d) When the name of the issue or acceptance, and the payee does not purport to be the instrument shall be payable name of any person; or accordingly. The insertion of a (e) When the only or last wrong date does not avoid the indorsement is an indorsement in instrument in the hands of a blank, sufficient terms. subsequent holder in due course; but as to him, the date so inserted is SEC. 10. Terms, when sufficient.— to be regarded as the true date. The instrument need not follow the language of this Act, but any terms SEC. 14. Blanks; when may be are sufficient which clearly indicate filled.—Where the instrument is an intention to conform to the wanting in any material particular, requirements hereof. the person in possession thereof has a prima facie authority to complete it SEC. 11. Date, presumption as to. by filling up the blanks therein. And a —Where the instrument or an signature on a blank paper delivered acceptance or any indorsement by the person making the signature thereon is dated, such date is in order that the paper may be deemed prima facie to be the true converted into a negotiable date of the making, drawing, instrument operates as a prima facie acceptance, or indorsement, as the authority to fill it up as such for any case may be. amount. In order, however, that any such instrument when completed SEC. 12. Antedated and may be enforced against any person postdated.—The instrument is not who became a party thereto prior to invalid for the reason only that it is its completion, it must be filled up antedated or postdated, provided strictly in accordance with the this is not done for an illegal or authority given and within a fraudulent purpose. The person to reasonable time. But if any such whom an instrument so dated is instrument, after completion, is delivered acquires the title thereto as negotiated to a holder in due course, of the date of delivery. it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time.