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Negotiable instruments
N/s
53
Accounting
Undergraduate 4
04/08/2009

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Term
commercial paper
Definition
unsecured promissory note with a fixed maturity of one to 270 days
Term
drawer
Definition
the one writing the order
Term
drawee
Definition
the person who must pay what drawer orders
Term
draft
Definition
a written order from the drawer directing a drawee to pay a sum to the the order of a payee or to the order of the bearer
Term
trade acceptance
Definition
a draft drawn by the seller=drawer on the buyer-drawee that is payable to the seller at some certain future date in the amt of the purchase price; acceptance by the buyer's signed engagement written on the draft to honor he draft as presented
Term
banker's acceptance
Definition
check is drawn on the buyer's bank rather than on the buyer personally- more marketeable
Term
check
Definition
draft drawn on a bank or other financial institute and payable on demand
Term
conditional pmt
Definition
a check is generally this: the obligation for which it is given is not discarged until the check has been paid
Term
bank draft
Definition
A check drawn by one bank against funds deposited into its account at another bank, authorizing the second bank to make payment to the individual named in the draft.
Term
cashier's (ordinary, teller) check
Definition
a check drawn by a bank on itself, ordering itself to pay a sum of money to a third person: A check which cannot bounce because its face amount is paid to the bank when it is issued, and the bank then assumes the obligation.
Term
certified check
Definition
a check accepted by the bank on which it is drawn: bank guarentees pmt
Term
note
Definition
a written promise to pay a stated sum of money
Term
maker
Definition
promisor of the note
Term
payee/ bearer
Definition
person receiving the sum of money from the note
Term
promise
Definition
an undertaking to pay, not a mere acknowledgment of a debt or obligation
Term
certificate of deposit
Definition
a written acknowledgment by a bank of the receipt of a stated sum of money with a promise to repay that sum
Term
checks
Definition
negotiable instruments that need not be payable to order or bearer to be negotiable
Term
sight draft
Definition
payable on delivery and presentment to the drawer
Term
time draft
Definition
payable within a certain time
Term
blank endorsement
Definition
transferor's signature appears alone, w/o specifying any particular endorsee
Term
special endorsement
Definition
specifies the person to whose order the insturment is now payable
Term
special endorsement
Definition
specifies the person to whose order the insturment is now payable
Term
restrictive end
Definition
words indicating a purpose
Term
contract rights
Definition
interest that is nonnegotiable but usually is assignable
Term
letter of credit
Definition
a nonnegotiable insturment that is an engagement made at the request of a bank customer that states that the bank issuer will make pmts and otherwise honor its customers obligations
Term
money
Definition
a medium of exchange accepted as the currency of any domestic or foreign gov
Term
on demand
Definition
states that it is payable on ____ or on sight or otherwise indicated that it is payable at the will of the holder/ no time for pmt is stated
Term
endorsement
Definition
signing one's name on the instrment, other than as maker, drawer, or acceptor, with or w/o other words for purpose of negotiating the instument or restricting pmt of the instrument or incurring the indorser's lia on hte insturment
Term
dishonered
Definition
when acceptance is necessary and cant be obtained
Term
real defense
Definition
a justification for a maker or drawer not to honor a negotiable instrument even if it has been transferred to an holder in due course (or "HDC") because it makes the instrument “void
Term
shelter provision
Definition
the transfer of an instrument vests in the transferee such rights as the transferors had therin; because a transferee takes the rights of the transferor a person who does not qualify as an HDC can enjoy all the benefits of HDC status if she can show that some transfreror in her/his chain of ownership was an HDC
Term
personal defenses
Definition
reasons that would excuse a promisor from performing; defenses good against persons who are not HDC or takers through such holders
Term
real defense
Definition
validity of istrument; all holders, including HDC takes subjet to these defenses of any party regardless of wheter the holder has or has not dealt with that party
Term
presentment
Definition
a demand for acceptance or pmt made upon the maker, acceptor, drawee, or other payr by or on behalf of the holder
Term
dishonor
Definition
when acceptance is neccesary and cnt be obtained
Term
protest
Definition
formal certificate of dishonor and neccessary for forein drafts
Term
maker, drawee-acceptor
Definition
who is primarily liable
Term
drawers and indorsers
Definition
who is secondarily liable
Term
accomodation party
Definition
one who signs the instrument in any capacity for the purpose of lending their name to the instrument/ liable as to capapcity to which it signed (maker drawer etc)
Term
implied warranty
Definition
one who indorses or otherwise transfers an insturment creats this
Term
transferor's warranties
Definition
run in favor of immediate transferees and subsequent holders
Term
presenters warranties
Definition
run in favor of those parties who pay or accept and instrument: not an HDC
Term
bill of lading
Definition
a document issued by a carrier to a shipper, acknowledging that specified goods have been received on board as cargo for conveyance to a named place for delivery to the consignee who is usually identified.
Term
bailee
Definition
party who accepts possession of the bailed property; they acknowledges possession of goods and contracts to deliver them by a doc of title
Term
consignee
Definition
person named in a bill of lading to whom or to whose order the bill promises delivery
Term
consignor
Definition
person named in a bill of lading as the person from whom the goods have been received for shipment
Term
delivery order
Definition
written order to deliver goods directed to a warehouseman or carrier who issues warehouse receipts or bills of lading in the ordinary course of busniess
Term
doc of title
Definition
gives person in possession of doc is entitled to receive, hold and dispose of the doc and the goods it covers
Term
warehouse receipt
Definition
issued by a person engaged in the business of storing goods fro hire
Term
destination bills
Definition
bill is issued by the carrier at the point of shipment
Term
destination bills
Definition
bill is issued by the carrier at the point of shipment
Term
through bills
Definition
issued by a carrier who accepts liabiltiy for the trasport of goods from the point of shipment through to the point of destination
Term
freight forwarder bills
Definition
issued by middleman wo marshals less than carload amts of goods into carload quantities
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