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Special Characteristics:
An Instrument, in order to amount in law to as bill of exchange, must fulfill
the following conditions (i) it must be in writing (ii) signed by the maker; (iii)
it must contain an order iv) which must been unconditional; v) it must direct
a certain person vi) to pay certain sum of vii) money only viii) to a certain
person or his order or to bearer. Ix) It must be properly stamped. Briefly
speaking, before a document can be called a bill of exchange, the drawer
must be certain, the order must be certain, the drawee must be certain, the
payee must be certain and the sum payable must also be certain. These
are popularly called the five certainties of a bill of exchange.
Drawer
Drawee
Payee (if the transaction involves so.)
Period
Amount of bill drawn
Date of bill
Date of acceptance
In the above given bill, Mr. Hamid Zafar is the drawer of the bill. This bill is
drawn on Mr. Rashid Ahmad so he is the debtor and the drawee. The time
period is 2 months and the ate is bill is drawn is 30th November, 1997.
Terms of Bill: The duration for which the bill is drawn is the term or the
tenure of the bill.
Days of grace: Days of grace means the three extra days allowed by the
law to the drawee over and above the period of the bill to prepare himself
for the payment.
Due date: Due date is the date when the drawee is supposed the drawer.
This date is mutually accepted by both the parties. The days of grace
added to the tenure/term of the bill gives us the due date.
Eg. Shiwani draws a bill on Ashok which is accepted on the 1st February
2012 for 2 months.
Here, Tenure/term of the bill is 2 months. Days of grace by law is 3 days.
Hence the due date is 2 months from 1st February 2012 i.e 1st april,2012 +
3 days of grace.
Therefore the due date is 4th april,2012.
Noting charges: Notary public presents the bill to the drawee and if it is
dishonoured, he records the fact of dishonor with its reasons. Then he
returns it to the holder. For this service small fee or charges are paid to the
notary public who is a person appointed by the government for specific
reasons. This noting charges are paid by the holder/drawer but however
they can be recovered from the drawee.
The drawer has 4 options after accepting a bill and honouring bill. They are
as follows:
The accepted bill can be retained by the drawer with him till the due
date.
The accepted bill is endorsed to endorsee by the drawer.
The accepted bill can be discounted with the bank by the drawer.
The accepted bill is sent to bank for collection by the drawer.
Retaining of the bill: If the drawer is not in hurry to get the money he can
keep the bill with him till the due date of the bill and can collect money from
the drawee on the due date.
Discounting the bill: If the drawer needs the money earlier than the due
date he can discount the bill with the bank. The bank credits the amount to
the drawer but keeps some part of the amount on account of discount for
early payment before the due date. The bank owns the bill after discounting
it.
Bank for collection: When the drawer does not have the time to collect
the bill he can send such bills to the bank for collecting the amount from the
drawee on his behalf. The bank acts like an agent. On the due date the
bank collects the money on behalf of the drawer. The bank charges the
drawer for providing this service.
Dishonouring of the bill: If the drawee fails to pay or refuses to pay the
amount of a bill on its due date the bill is said to be dishonoured.
Renewal of the bill: when the drawee is unable to pay the amount on the
due date the drawee may request the drawer to accept a part of the
amount as payment and for the balance amount may may draw a new bill.
Making of a new bill is known as renewal of bill. Renewal of bill means
drafting a new bill in cancellation of earlier bill.
total amount from his real estate. This is known as the final dividend. This
bill is then treated as dishonoured.
Dr.
18.Interest is charged
Drawee A/c
Dr.
To interest A/c
19. New bill is drawn and accepted
Cash A/c (if part payment)
Bills receivable (new) A/c
To Drawee A/c
Dr.
Dr.
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18.Interest is charged
Interest A/c
Dr.
To Drawer A/c
19. New bill is drawn and accepted
Drawer A/c
Dr.
To cash A/c
To bills payable (new) A/c
20.when the bills is retired
Bills payable A/c
Dr.
To cash A/c
To Discounted received A/c
21.When the drawee becomes insolvent
Drawers A/c
Dr.
To cash/bank A/c
To deficiency A/c
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