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NIL
  • kristina calma

  • 問題数 66 • 2/29/2024

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  • 1

    The Law that governs negotiable instruments in this Jurisdiction

    Act No. 2031

  • 2

    NIL took effect when

    July 1911

  • 3

    the provisions of NIL were copied from AUNIL which was based largely on the

    Bills of Exchange Act 1882

  • 4

    what are the functions of NIL

    Substitute for money Credit Instrument

  • 5

    Credit instrument can also be considered as _______ because they may state the transaction that gave rise to the issuance of the instrument

    proof of existence of a transaction

  • 6

    In particular, the functions if NIL are:

    -Substitute for Money -Medium of Exchange -Credit instrument which increase credit circulation -Increase purcahsing power in circulation -proof of transaction

  • 7

    Kind of Negotiable instrument

    Promissory Note and Bills of Exchange

  • 8

    A form of a promissory note which is a written acknowledgement of a bank of its receipt of a certain sum with a promise to repay the same

    Certificate of Deposit

  • 9

    An unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer

    Promissory Note

  • 10

    what Sec No. is Promissory Note

    Sec. 184

  • 11

    In other jurisdiction, a bill of exchange is commonly called a

    Draft

  • 12

    In other jurisdiction, A draft can either be

    Inland Bill and Foreign Bill

  • 13

    A bill which is, or on its face purports to be, both drawn and payable within the Philippines

    Inland Bill

  • 14

    A bill which is, or on its face purports to be, both drawn and payable in any other country aside the Philippine

    Foreign Bill

  • 15

    kinds of Bill of Exchange

    Time draft, Sight in Demand Draft, Trade acceptance, Bankers Acceptance

  • 16

    A BOE that is payable at a fixed date

    Time Draft

  • 17

    A BOE that is payable when the holder presents it for payment

    Sight on Demand Draft

  • 18

    A BOE which is used in contract of sale, the seller as drawer orders the buyer to pay a sum certain to the same seller

    Trade Acceptance

  • 19

    is a time draft accross the face of which the drawee bank has written the word accepted. If the seller does not trust the credit of the buyer or is not familiar with him, the seller may wish to require the bank of the buyer to accept the bill/draft

    Banker's acceptance

  • 20

    The most common form of Bill of Exchange

    Check

  • 21

    A bill of exchange drawn on a bank payable on demand.

    Check defined

  • 22

    Date written in the check is

    Issue date

  • 23

    A bill to which no document is attached when presentment for payment or acceptance is made

    Clean Bill of Exchange

  • 24

    A bill of exchange to which documents are attached when presented for payment or acceptance

    Documentary Bill of Exchange

  • 25

    An unconditional order in writing addressed by one person to another, signed 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

    Bills of exchange

  • 26

    A certificate or evidence of a debt on which the issuing company or governmental body promises to pay the boundaries a specified amount of interest for a specified length of time, and to repay the loan on the expiration date

    Bonds

  • 27

    Kinds of Bonds

    Bottom bonds, Chattel Mortgage bonds, Collateral trust bonds, Convertible Bonds, Coupon bonds, Guaranteed bonds, Income bonds, Joint and Several bonds, Joint bond, Mortgage Bond

  • 28

    A bond secured by mortgaged of ships

    Bottom Bond

  • 29

    Bonds secured by mortgage on chattels of business

    Chattel Mortgage bonds

  • 30

    Bonds secured by collateral deposited with a trustee

    Collateral trust bonds

  • 31

    Bonds that can, at the option of the holder, be converted into stocks

    Convertible bonds

  • 32

    Bonds with interest coupons attached

    Coupon bonds

  • 33

    A bond which has interest or principal or both guaranteed by a company other than the issuer

    Guaranteed bond

  • 34

    Bond on which interest is payable only when earned after payment of interest upon prior mortgages

    Income Bond

  • 35

    A bond the principal and interest of which is guaranteed by two or more persons

    Joint and several bond

  • 36

    A bond secured by two or more obligors who must be joined in any action on such bond

    Joint bond

  • 37

    Bond secured by a mortgage on a property

    Mortgage bond

  • 38

    Differentiate Promissory note and Bills of Exchange

    Promissory Note: It contains unconditional promise Two parties on its face: Maker and Payee The person who signs it is the maker The primary liable is the Maker There is only one presentment for payment Bills of Exchange: It contains unconditional order There are 3 parties on its face: Drawer, Drawer, Payee The person who signs it is the drawer The drawer is secondarily liable The primary Liable is the Drawee-Acceptor There are 2 presentments: for acceptance and for payment

  • 39

    A promissory note or bond backed by the general credit of a corporation and usually not secured by a mortgaged or lien on any specific property

    Debenture

  • 40

    are Promissory Notes of the issuing bank which are payable to bearer on demand

    Bank Notes

  • 41

    Incidents or stages in the life of NIL

    Preparation and Signing Issuance Negotiation Presentment for Acceptance Acceptance Doshonor by non-acceptance Presentment for Payment Dishonor by non-payment Notice of Dishonor Portest Discharge

  • 42

    Stages of NIL complete with all the requisites provided for Section 1 of NIL

    Preparation and signing

  • 43

    First delivery of the instrument to the payee

    Issuance

  • 44

    Transfer from one person to another so as to constitute the transferee of a holder

    Negotiation

  • 45

    the bill of exchange shall be presented to the drawee so that the latter will signify his agreement to the order of the drawer to pay

    Presentment for acceptance

  • 46

    Written assent of the drawee to the drawer

    Acceptance

  • 47

    Refusal to accept by the drawee

    Dishonor by non-acceptance

  • 48

    the instrument is shown to the maker/drawer so that the said maker/drawer will pay

    Presentment for Payment

  • 49

    Refusal to pay the maker or drawee/acceptor

    Dishonor by non-payment

  • 50

    Notice to the persons secondarily liable that the maker/drawee refused to pay or to accept the instrument

    Notice of Dishonor

  • 51

    Enumerate Section 1 of NIL

    It must be in writing and signed by the maker/drawer Must be Payable on demand or a fixed or determinable future time Must contain an unconditional order or promise to pay a sum certain of money Must be payable to order or to bearer When an instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty

  • 52

    In summary, the factors that affect the determination of negotiability of instruments are:

    The whole of the instrument shall be considered Only what appears on the face of the instrument shall be considered The provisions of NIL, especially Section 1 thereof shall be applied

  • 53

    Kinds of Checks

    Crossed check Certified Check Memorandum Check Manager's check/Cashier's check

  • 54

    Under what Law is the Banks not allowed to issue MC/CC or other similar instrument payable to cash, bearer, ficticious person or numbered account

    Circular No.259 Series 2000

  • 55

    Under what Law the Monetary Board decided to authorized the isauance of MC/CC payable to Cash, bearer, ficticious person or numbered account

    Circular No. 291 Series of 2001 Resolution Number 707 dtd May 10, 2001

  • 56

    One drawn by a depositor upon funds to his credit in a bank which a proper officer of the bank certificates will be paid when duly presented for payment. The bank debits the drawer's account at the time of certification and set aside funds out of the drawer's control

    Certified checks

  • 57

    Differentiate Bills of Exchange and Checks

    Bills of Exchange not necessarily on a deposit Death of a drawer of BOE with the knowledge of the bank does not revoke the authority of the banker to pay Maybe presented by payment within a reasonable time after its last negotiation if payable on demand The drawee may or may not be a bank Presentment for acceptance is necessary for certain types of bill Checks: It is necessary that a check is drawn on a deposit Death of the drawer of the check, with the knowledge of the bank, revokes authority of the banker to pay Must be presented for payment within a reasonable time after issuance The drawee is always a Bank Presentment for acceptance is not necessary

  • 58

    Cashiers check and Managers check are in the nature of accepted or certified checks and that payment thereon cannot be countermanded by the payee

    Iron Clad Rule

  • 59

    Crimes involving checks

    Estafa Check Kiting Batas Pambansa Blg. 22

  • 60

    Refers to the transfer of possession of the Negotiable instrument with the intent to transfer title

    Delivery

  • 61

    When a negotiable instrument is issued by a maker in a promisory note, or by a drawer in a bill of exchange, to the payee, there already exists a ______ between them

    Contract

  • 62

    Refers to a person who executes tge written promise to pay

    Maker

  • 63

    Refers to the person who executes the written order to pay

    Drawer

  • 64

    Refers to the person in whos favor a negotiable instrument is made or drawn payable

    Payee

  • 65

    Refers to the person who negotiates by Indorsement

    Indorser

  • 66

    Refers to the person to whom the instrument is negotiated by delivery

    Indorsee