NAME-KUMARI DIVYA
ROLL NO.-11
BUSSINESS LAW
ENDORSEMENT OF
NEGOTIABLE INSTRUMENT
Endorsement: Meaning
When a negotiable instrument is signed by one
person to another in such a manner that the
right to receive the payment on the basis of the
negotiable instrument is transferred to the
other person, it is known as endorsement.
Definition of Endorsement
• When the maker or holder of a negotiable
instrument signs the same, otherwise than
as such maker for the purpose of
negotiation, on the back or face thereof or
on a slip of paper annexed there to, he
is said to endorse the same, and called
the “endorser”.
Parties of Endorsement
Endorser Endorsee
Who signs the instrument In whose favor
endorsement is made
Endorser of Negotiable Instrument
• The following persons can endorse
a Negotiable Instrument –
– Holder
– Payee
– Endorsee
Essentials of a Valid Endorsement
• On the Backside of the • No issue of Honorable
instrument Words
• Written in Ink • Post of Qualification
• Signed by Endorser • Name of Endorser
• Endorsement of Entire • In case of Married
women
Instrument
• Two or more payees
• Illiterate person
• Delivery of instrument
Legal Provisions Regarding Endorsement
• Effect on Endorsement
• Endorser
• Time
• Endorsement for a part of the payment
• Endorsement in order
• Endorsement by legal representative
Rules Regarding Endorsement
• Signature of the Endorser
• Spelling “Kudeep Mehta”
“Kudip Mehta”
• No addition or omission of initial of the name
• Prefixes or suffixes to be excluded
• Endorsement by firms
• Endorsement by Companies
• Endorsement by Public authorities
Types of Endorsement
1.Blank or general endorsement
2.Endorsement in full or special
endorsement
3.Conditional endorsement
4.Restrictive endorsement
5.Endorsement ‘Sans Recourse’
6.Facultative endorsement
7.Forged endorsement
8.Partial Endorsement
Blank or General Endorsement
• If the endorser signs his name only and does not
specify the name of the endorsee, the endorsement
is said to be in blank Sec. 16(1). The effect of a
blank endorsement is to convert the order
instrument into bearer instrument (Sec. 54), which
may be transferred merely by delivery. This type
of endorsement is payable to the bearer.
Endorsement in Full or Special
Endorsement
Conditional Endorsement
Restrictive Endorsement
Endorsement ‘Sans Recourse’
Sec 52- When the endorser expressly
excludes
his own liability on the negotiable instrument
to the endorsee or any subsequent holder in
case of dishonor of the instrument, the
recourse’
endorsement is known as
‘sans endorsement.
• Eg: Pay A or order Sans recourse
Facultative Endorsement
Forged Endorsement
A fake endorsement is one in which
signature of any of the party is
fake which makes the instrument invalid
Partial Endorsement
A partial endorsement is one which means to
transfer the document only for a part of its
value ordinarily a partial endorsement is not
valid. When any amount has already been
paid, a note to that effect may be endorsed on
the instrument which can then be negotiated
for the balance of the said amount.
Thank
You

endorsement of negotiable instrument.pptx

  • 1.
    NAME-KUMARI DIVYA ROLL NO.-11 BUSSINESSLAW ENDORSEMENT OF NEGOTIABLE INSTRUMENT
  • 2.
    Endorsement: Meaning When anegotiable instrument is signed by one person to another in such a manner that the right to receive the payment on the basis of the negotiable instrument is transferred to the other person, it is known as endorsement.
  • 3.
    Definition of Endorsement •When the maker or holder of a negotiable instrument signs the same, otherwise than as such maker for the purpose of negotiation, on the back or face thereof or on a slip of paper annexed there to, he is said to endorse the same, and called the “endorser”.
  • 4.
    Parties of Endorsement EndorserEndorsee Who signs the instrument In whose favor endorsement is made
  • 5.
    Endorser of NegotiableInstrument • The following persons can endorse a Negotiable Instrument – – Holder – Payee – Endorsee
  • 6.
    Essentials of aValid Endorsement • On the Backside of the • No issue of Honorable instrument Words • Written in Ink • Post of Qualification • Signed by Endorser • Name of Endorser • Endorsement of Entire • In case of Married women Instrument • Two or more payees • Illiterate person • Delivery of instrument
  • 7.
    Legal Provisions RegardingEndorsement • Effect on Endorsement • Endorser • Time • Endorsement for a part of the payment • Endorsement in order • Endorsement by legal representative
  • 8.
    Rules Regarding Endorsement •Signature of the Endorser • Spelling “Kudeep Mehta” “Kudip Mehta” • No addition or omission of initial of the name • Prefixes or suffixes to be excluded • Endorsement by firms • Endorsement by Companies • Endorsement by Public authorities
  • 9.
    Types of Endorsement 1.Blankor general endorsement 2.Endorsement in full or special endorsement 3.Conditional endorsement 4.Restrictive endorsement 5.Endorsement ‘Sans Recourse’ 6.Facultative endorsement 7.Forged endorsement 8.Partial Endorsement
  • 10.
    Blank or GeneralEndorsement • If the endorser signs his name only and does not specify the name of the endorsee, the endorsement is said to be in blank Sec. 16(1). The effect of a blank endorsement is to convert the order instrument into bearer instrument (Sec. 54), which may be transferred merely by delivery. This type of endorsement is payable to the bearer.
  • 11.
    Endorsement in Fullor Special Endorsement
  • 12.
  • 13.
  • 14.
    Endorsement ‘Sans Recourse’ Sec52- When the endorser expressly excludes his own liability on the negotiable instrument to the endorsee or any subsequent holder in case of dishonor of the instrument, the recourse’ endorsement is known as ‘sans endorsement. • Eg: Pay A or order Sans recourse
  • 15.
  • 16.
    Forged Endorsement A fakeendorsement is one in which signature of any of the party is fake which makes the instrument invalid
  • 17.
    Partial Endorsement A partialendorsement is one which means to transfer the document only for a part of its value ordinarily a partial endorsement is not valid. When any amount has already been paid, a note to that effect may be endorsed on the instrument which can then be negotiated for the balance of the said amount.
  • 18.