The Knowledge behind Bearer and Order Cheque
Until I fell victim to this practice, I had always boasted that this will
never happen to me. I went to a bank to cash a cheque. The cheque was a
bearer cheque drawn payable to cash or bearer, signed by the drawer and
endorsed in blank by the same drawer. The teller asked me to write my name at
the back which I reluctantly did. Then he asked me to provide an I D card. I
was not having the card with me and that was when the problem begun.
"Without he ID card, I cannot pay you", said the teller. I protested
and drew his attention to the fact that the cheque was just a bearer cheque and
that the endorsement at the back by the drawer is enough for me to cash it, and
that there was no need for any identification from any person. The customer was
called for confirmation, which he did. The teller still insisted that I provide
the ID card or else she would refuse to pay me. In an angry mood, I left the
bank and threatened that "we shall test this issue at the courts of
law".
A lot of people holding bearer cheques, have fallen victim to non-payment at the banks' counter because of the absence of ID cards. What does the law regarding to these issues stipulate? For how long shall this bad practice continue to worry and embarrass people?
What is a bearer cheque, an order cheque and endorsements on a cheque? What does the word "or Order, or Bearer at the end of the sentence "PAY............................OR ORDER/ BEARER stand for?
BEARER CHEQUES
According to section 7 of Bill of Exchange Act 1882, a bearer cheque is a cheque that is payable to any holder, and can be negotiated by simple delivery. There must be the intention of the transfer or to transfer the instrument. This intention is done by signing in blank at the back of the cheque. Simple delivery means one can hand over the cheque to the cashier without any endorsement or to another person for value. The drawer's intention to make a cheque bearer is already done by signing at the back. If a cheque is written "Pay Cash" or Pay Bearer, this creates a fictitious payee and therefore the mere signing at the back by the drawer is enough to make it payable to any bearer, without endorsement. A cheque is payable to bearer when it explicitly says 'PAY BEARER' or when the last endorsement is an endorsement in blank, or when the payee is a fictitious or non-existent person. When the drawer thus gives such command, the paying bank will have to check the signature and if all other things are complete and regular on the face of it, they go ahead and pay. In simple terms, if the drawer says 'pay bearer, any holder is a bearer, and must be paid accordingly. Payment must not pass the test of identity, but rather the test of 'complete and regular on the face of it'
ORDER CHEQUES
An order cheque, arises where the drawer specifically writes the payee's name followed by the words or Order. This simply means the bank should pay the named beneficiary or whoever the named beneficiary orders to be paid. This is done by endorsement on the back of the cheque. Section 34 & 35 of Bill of Exchange Act 1882 deals with such endorsements.
An order cheque is negotiated by endorsement and delivery, by the named payee or endorsee. When an order cheque is endorsed in blank, the cheque changes to bearer cheque, and any subsequent holder may negotiate without any endorsement.
What the bank tellers and sometimes their officers should be doing is to educate their customers on principles of negotiability instead of worrying holders with ID cards on bearer cheques. Production of ID cards on bearer cheques should be coercive or persuasive and not by force. After all, the drawer who says pay 'bearer' may not even know the last holder who presents the cheque. Why should banks worry people with ID cards on bearer cheques?
A lot of people holding bearer cheques, have fallen victim to non-payment at the banks' counter because of the absence of ID cards. What does the law regarding to these issues stipulate? For how long shall this bad practice continue to worry and embarrass people?
What is a bearer cheque, an order cheque and endorsements on a cheque? What does the word "or Order, or Bearer at the end of the sentence "PAY............................OR ORDER/ BEARER stand for?
BEARER CHEQUES
According to section 7 of Bill of Exchange Act 1882, a bearer cheque is a cheque that is payable to any holder, and can be negotiated by simple delivery. There must be the intention of the transfer or to transfer the instrument. This intention is done by signing in blank at the back of the cheque. Simple delivery means one can hand over the cheque to the cashier without any endorsement or to another person for value. The drawer's intention to make a cheque bearer is already done by signing at the back. If a cheque is written "Pay Cash" or Pay Bearer, this creates a fictitious payee and therefore the mere signing at the back by the drawer is enough to make it payable to any bearer, without endorsement. A cheque is payable to bearer when it explicitly says 'PAY BEARER' or when the last endorsement is an endorsement in blank, or when the payee is a fictitious or non-existent person. When the drawer thus gives such command, the paying bank will have to check the signature and if all other things are complete and regular on the face of it, they go ahead and pay. In simple terms, if the drawer says 'pay bearer, any holder is a bearer, and must be paid accordingly. Payment must not pass the test of identity, but rather the test of 'complete and regular on the face of it'
ORDER CHEQUES
An order cheque, arises where the drawer specifically writes the payee's name followed by the words or Order. This simply means the bank should pay the named beneficiary or whoever the named beneficiary orders to be paid. This is done by endorsement on the back of the cheque. Section 34 & 35 of Bill of Exchange Act 1882 deals with such endorsements.
An order cheque is negotiated by endorsement and delivery, by the named payee or endorsee. When an order cheque is endorsed in blank, the cheque changes to bearer cheque, and any subsequent holder may negotiate without any endorsement.
What the bank tellers and sometimes their officers should be doing is to educate their customers on principles of negotiability instead of worrying holders with ID cards on bearer cheques. Production of ID cards on bearer cheques should be coercive or persuasive and not by force. After all, the drawer who says pay 'bearer' may not even know the last holder who presents the cheque. Why should banks worry people with ID cards on bearer cheques?
I feel like working in the banking field already. Thanks for this piece
ReplyDeletecool
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Deleteits very informative and i would recommend to all my banking and finance students
ReplyDeletegreat piece of info. Thanks
ReplyDeleteinteresting post about some of our banking regulations.
ReplyDeleteeducative post
this guy is just writing banking stuff... we need ways to make money what is this
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ReplyDeleteThe regulations are very clear but sometimes the bankers themselves not knowing the banking laws goes falter. Grear information any way.
ReplyDeletethanks for the information given.very useful
ReplyDeleteBanking has always a bit diasy especially with their books of account cos we are mostly not familiar with it but thanks for the enlightenment. big ups!!!
ReplyDeleteYou shud ve started by saying wat those F@@k words are
ReplyDeleteThanks for the piece of advice
ReplyDeletegreat advice there, have learnt alot from this information
ReplyDeletethank for your piece of advice
ReplyDeleteits too technical for me. all i know is my cheque shouldn't bounce
ReplyDeletenice banking knowledge..
ReplyDeletehave learnt a lot from this post. thanks
ReplyDeletegood banking technics
ReplyDeletewow this is the best blog i ever see, kudos to the blogger. thanks
ReplyDeletewhat use is this information to me when there is nothing to cash? Write a cheque for me, then you can add this "manual"
ReplyDeletevery educative,Man u are knowledgeable , keep it up
ReplyDeleteThis is something to remember when thinking of making a withdrawal. I have been there before and i would not like anyone to go through what i went through.
ReplyDeletewow! thanx for throwing more light on the banking system. now i know the difference between the bearer and the order cheque.
ReplyDelete