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Negotiable Instruments Act of 1881 is a law that is related to every negotiable instrument, like bills of exchange, cheques, and promissory notes. The term “negotiable instrument” is meant a document that a person can transfer to another person.

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The Features of the Negotiable Instruments Act

Some important features of The Negotiable Instruments Act are:

  • A holder of an instrument is considered to be the property’s owner.
  • The instruments can be transferred easily.
  • In due course, the holder gets the instrument that is free from every defect.
  • The holder can take legal action on the instrument under his name.
  • Till maturity, the instrument can be transferred. When the matter comes to cheques, till the instrument turns stale.
  • Some equal presumptions get applied to every negotiable instrument unless the opposite is proved.

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The Kinds of Instruments

The Negotiable Instrument Act recognizes only 3 kinds of instruments:

  • Bill of Exchange
  • Cheque
  • Promissory Note

Nonetheless, it doesn’t mean that other instruments aren’t negotiable instruments, but they must satisfy some conditions of negotiability like the following:

  • The instrument can be transferred freely through the custom of trade, and the transferability might happen through (a) Delivery and Endorsement (b) Delivery.
  • The person who gets it must get it without any defects.
  • The holder has every right to transfer the instrument, and the negotiability does not end till maturity.

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The Unique Characteristics of the Negotiable Instrument Act

  • Movable – All the negotiable instruments are convenient methods to transfer money, and they are portable. There isn’t any involvement of lengthy or hectic processes because only some modest steps are required to transfer the ownership of an instrument by a valid endorsement or a simple delivery.
  • Definite time – The span for an order of payment ought to be certain. When the date isn’t specified, then too it should be within a rational time. If the order of payment is dependent on choice and convenience, then it wouldn’t be considered a negotiable instrument.
  • Written – The transactions of the negotiable instrument must be in a written form, and the documentation works can be printed, in handwritten notes, or typed.
  • Specified people – Similar to time, the payee should be determined or certain. However, there can be present more than one drawee and the persons might comprise some artificial persons, such as a separate legal entity, authorized people, and a company.

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