Promissory Notes and Bills of Exchange (2024)

Promissory Notes and Bills of Exchange

Last updated on 21 Aug 2024

16 Aug 2017 . 2 min read

Promissory Notes and Bills of Exchange (1)

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Promissory Notes and Bills of Exchange (2)

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Contents

    Bills of Exchange and Promissory Notesare independent payment undertakings (debt obligations) from one person to another. They are codified under the Bills of Exchange Act 1882, which were developed and interpreted by courts

    Is a promissory note the same as a bill of exchange?

    Historically, both financial instruments were used as a method of financing and to support financing, both domestically and for international (cross-border) trade, although nowadays, Bills of Exchange and Promissory Notes are mainly used forcross-borderfinancing.

    Bills of Exchange and Promissory notes are totally independent. This is an important characteristic of these financial instruments. If they are contingent on other instruments such as Purchase Agreements or other underlying transactions, they are generally not accepted.

    As an example, in the case of a buyer wanting to buy goods from a seller, with the intention of paying in 6 months, the purchase agreement will lie between the buyer and the seller.

    • The buyer will agree to payment through a bill of exchange, which can be guaranteed by a bank.
    • In this case, a seller would arrange for the goods to be delivered to the buyer, and the buyer would draw a bill on its bank to accept
    • By doing so, the bank will incur primary liability of that exchange, which is in favour of the seller
    • The bank can also provide the buyer with a line of credit. Alternatively, the seller can agree to have extended payment terms for its buyer (e.g. 6months) knowing that the bank has a better credit rating than the buyer

    Example of a promissory note

    Promissory Notes and Bills of Exchange (5)

    Can I negotiate or transfer Bills of Exchange or Promissory Notes?

    Yes, both instruments could be transferred or negotiable. Parties involved may be able to transfer the rights or title of these instruments to other parties. A holder can receive a bill, providing they become a holder before it’s overdue, if in good faith, and has no idea of defect in the title of that bill. This includes the acceptor (bank), drawer (buyer) or indorser.

    How does delivery work?

    In order to complete the contract under a Bill of Exchange or Promissory note, delivery must take place. Delivery can mean actual or constructive. An acceptor must accept liability and indorsem*nt of the goods once delivered in order for the contract to remain. Indorsem*nts must be in writing and signed by the indorser, written on the instrument, to the full amount of the product. Indorsem*nt can be with or without recourse (see our article on recourse and non-recourse payments around forfeiting here).

    How does payment happen?

    Generally the acceptor / maker of Bills of Exchange or Promissory notes respectively are liable to make payment to the seller once presentation of the instrument occurs. Payment can be made to a person acting on behalf of the holder (e.g. a collecting bank) providing the holder treats such payment as discharging the payer’s liability.

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    Promissory Notes and Bills of Exchange (2024)

    FAQs

    Promissory Notes and Bills of Exchange? ›

    Promissory Notes: An Overview. Bills of exchange and promissory notes are written commitments between two parties that confirm a financial transaction has been agreed upon. Bills of exchange are more often used in international trade, whereas promissory notes are used most often in domestic trade.

    What is the difference between bills of exchange and promissory notes? ›

    A promissory note is a written promise, whereas a bill of exchange is a written order. The promissory note allows no copies, whereas a bill of exchange can have multiple copies. Three parties are involved in a bill of exchange, but a promissory note only involves two parties.

    What are the examples of bill of exchange? ›

    A bill of exchange is of real use if it is accepted by the person directed to pay the amount. For example, X orders Y to pay ₹ 50,000 for 90 days after date and Y accepts this order by signing his name, then it will be a bill of exchange.

    Can a promissory note bill of exchange be made payable? ›

    Explanation (i) - A promissory note, bill of exchange or cheque is payable to order which is expressed to be so payable or which is expressed to be payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it shall not be transferable.

    What is a promissory note with an example? ›

    The purpose of a promissory note is to document the terms of a loan agreement between two parties. Promissory notes are often used in situations where one party wants to borrow money from another party. For example, a company may issue a promissory note to an investor in exchange for an investment.

    Who will accept the bill of exchange? ›

    A bill of exchange must be accepted by the payee.

    What is the purpose of a bill of exchange? ›

    A bill of exchange is often used to protect the transaction. It is a binding agreement between buyer and seller where the buyer agrees to pay a fixed sum of cash at a predetermined date or upon demand from the seller. Banks usually act as third parties in bills of exchange to ensure payment and receipt of funds.

    What are the disadvantages of bills of exchange? ›

    1)the bills of exchange are for short term service this not good option for banking services. 2)if biils of exchange are not accepted then it is an additional burden on the person who was drawn it.. 4)the drawee is liable to pay the bill in time as the date of payment is fixed.

    Are bills of exchange still used today? ›

    Historically, both financial instruments were used as a method of financing and to support financing, both domestically and for international (cross-border) trade, although nowadays, Bills of Exchange and Promissory Notes are mainly used for cross-border financing.

    Who generates bills of exchange? ›

    (1) Drawer is the maker of the bill of exchange. A seller/creditor who is entitled to receive money from the debtor can draw a bill of exchange upon the buyer/debtor. The drawer after writing the bill of exchange has to sign it as maker of the bill of exchange.

    What makes a promissory note illegal? ›

    A promissory note can become invalid if it excludes A) the total sum of money the borrower owes the lender (aka the amount of the note) or B) the number of payments due and the date each increment is due.

    Who should a promissory note be made out to? ›

    Important details any promissory note should state include the following: Payor or borrower: Include the name of the party who promised to repay the stated debt. Payee or lender: Include the name of the lender, the person or entity, lending the money.

    Are dollar bills promissory notes? ›

    Technically, yes, a federal reserve note is a promissory note that does not pay any interest. It is defined as such because it states that "this note is legal tender for all debts, public and private," indicating a promise for the government and private citizens to accept and honor the note as legal tender.

    What is the difference between a promissory note and a bill of exchange? ›

    Promissory note is a written promise that may be in the form of a letter, a writing or an electronic transmission. A Bill of Exchange is usually similar to a promissory note but in this, only written promise to pay money is made; it is issued by a bank and not by any individual.

    What are the disadvantages of a promissory note? ›

    One of the primary disadvantages of a promissory note is the risk of non-payment. Unlike a secured loan that comes with collateral, a promissory note is often unsecured.

    What are the rules for promissory note? ›

    There is no need for additional stamp duty payment. A promissory note is always handwritten and incorporates important features. The note must mention the promise of repayment clearly. Once a promissory note has been issued, it has to be stamped as per the rules and regulations of the Indian Stamp Act.

    What are the advantages of bills of exchange? ›

    Enhanced security for the recipient: It provides security for the person or organization to whom money is owed. This is because the bill of exchange can be used as collateral for a loan. If the borrower defaults on the loan, the lender can present the bill of exchange to the payer and receive payment.

    What is the difference between a note and a promissory note? ›

    A promissory note is a legally binding, written promise from a borrower to repay a loan to their lender. A mortgage note is a document that outlines the terms of a mortgage.

    Is a promissory note negotiable? ›

    Promissory notes are a common type of financial instrument in loan transactions. As the payer of such a note, it's important to know that, unless a note expressly stipulates that it is not negotiable, promissory notes are negotiable instruments that can be transferred or assigned by the original payee to a third party.

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