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Objectives. Identify the basic types of negotiable instrumentsList the requirements of a negotiable instrumentState what may constitute a signature. Objectives. Decide whether a variable-interest-rate note is negotiableDescribe the process of negotiation. Negotiable Instrument. Any written promis
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1. Business Law Chapter 23
The Essentials of Negotiability
2. Objectives Identify the basic types of negotiable instruments
List the requirements of a negotiable instrument
State what may constitute a signature
3. Objectives Decide whether a variable-interest-rate note is negotiable
Describe the process of negotiation
4. Negotiable Instrument Any written promise or order to pay a sum of money
Drafts
Checks
Promissory notes
5. Negotiable Instruments and the UCC Article 3
Negotiable instruments
Article 4
Bank deposits and collections
6. Types of Instruments Drafts and Checks (Orders to Pay)
Promissory Notes and CDs( Promises to Pay)
Demand instruments
Time instruments
7. Drafts and Checks Orders to pay
Drawer – person who initiates a draft
Drawee – the person who is ordered to pay
Payee – person to whom an instrument is made payable
8. Drafts and Checks Time draft – payable at a definite future time
Sight (demand) draft – payable on acceptance
Trade acceptance – drawn by the seller of goods on the purchaser and accepted by the purchaser’s written promise to pay
Checks
9. Promissory Notes and CDs Promissory note – written promise to pay a certain sum in money on a specified date
Maker – one who promises to pay
Payee – one to whom the promise is made
Bearer – a person in possession of an instrument payable to bearer or indorsed in blank
10. Promissory Notes and CDs Certificates of Deposit (CD) – a bank’s note
Small CDs – up to $100,000
Jumbo CDs - $100,000 and over
11. What is a Negotiable Instrument? Written Form
Signatures
Unconditional Promise or Order to Pay
Promise or Order
Unconditionality
12. What is a Negotiable Instrument? A Fixed Amount of Money
Fixed Amount
Payable in Money
Payable on Demand or at a Definite Time
Payable on Demand
Payable at a Definite Time
13. What is a Negotiable Instrument? Payable to Order or to Bearer
Order Instruments
Bearer Instruments
14. Transfer Transfer by Assignment
Transfer by Negotiation
Holder – person who is legally entitled to payment on it
Negotiating Order Instruments
By delivery with necessary indorsements
15. Transfer Transfer by Negotiation
Negotiating Bearer Instruments
No indorsement necessary
Converting Order Instruments to Bearer Instruments and Vice Versa