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Chapter 4 Bank Credit Instruments
Chapter 4 Bank Credit Instruments
Financial Institutions
Chapter 4:
Bank Credit
Instruments
Topics to be covered
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Negotiability of Credit Instruments
What are credit instruments and how negotiable are they?
AGENDA
Promises to Pay vs. Orders to Pay; Checks and Drafts; Money
Market Instruments
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Chapter 4: Bank Credit Instruments
Learning Outcomes
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Chapter 4: Bank Credit Instruments
INTRODUCTION
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CREDIT
INSTRUMENTS
A credit instrument refers to a promise, or
order, to pay a definite or determinable sum of
money to the bearer, or to a specified person of
his order.
▪ In a broad sense, therefore, a credit
instrument may be defined simply as a
document which gives evidence of a credit
obligation resulting from a past transaction
which sets forth the responsibility of the
debtor to his creditor.
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Chapter 4: Bank Credit Instruments
Negotiability
Credit Instruments
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Chapter 4: Bank Credit Instruments
Negotiability of Credit Instruments
Credit takes place when there is the creditor’s belief or faith in the borrower’s
willingness and ability to pay.
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When treating credit instruments, it
should be noted that not all are
negotiable instruments. To be fully
negotiable, an instrument must contain
the essentials of negotiability. To qualify
as such, it must be (1) in writing and
signed by the drawer or maker; (2)
Hence the borrower can command in Banks use negotiable documents in
made payable to order or to bearer;
exchange for a written or oral promise to plying their trade and the most common
(3) payable on demand or at a future
pay either money or goods. In case of of these are the bills of exchange,
determinable time; and (4) there must
bank credit, the object of credit promissory note, and the check.
be an unconditional order or promise
transactions is mostly money or However, not all instruments used by
to pay. Missing any one of these would
representations of money. banks are of unlimited acceptance.
render the instrument non-negotiable.
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Chapter 4: Bank Credit Instruments
GENERAL DIVISION
Promises to Pay
OF CREDIT • In a promise to pay, there are two (2) parties: (1) the maker who
INSTRUMENTS •
makes the promise and (2) the payee who is to receive payment.
The promissory note or promise to pay contains a promise and
has the personal element to comply.
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Chapter 4: Bank Credit Instruments
PROMISES TO PAY
The following are examples of promises to pay credit
instruments
Bank Notes
distinguished
Promissory Bank Banker’s Letter of from Standard
Note Note Acceptance Credit Money
A promissory note is an A bank note is an A banker’s acceptance A letter of credit is also a Bank notes are practically
unconditional promise of unconditional promise of a contains the bank’s promise promise of a bank to honor like real money. The only
the maker to pay a certain bank to pay a certain sum to pay a draft that is drafts drawn against it or difference is that the note
sum of money to order or of money on demand. Such presented to it for for its account. By virtue of represents private bank
note is used as a substitute acceptance. To constitute the
to bearer on demand or at a for money. Years ago, PNB bank’s intention of honoring the letter of credit, a bank credit rather than the
future determinable time. and BPI issued bank notes. the instrument, the word substitutes its credit for hat state’s credit. On a limited
When the note is secured, Bank notes are a direct “ACCEPTED” is stamped of the accredited buyer and scale, they are declared as
it is called a collateral obligation of the issuing on the face of the draft and promises to pay the legal tender. Like money,
promissory note. bank. is duly signed by the banks’ beneficiary or his they are also fiduciary in
representative. The date of representative upon nature. However, they need
acceptance is also indicated. presentation of a draft, final redemption into
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the letter of credit. merely represent the 10
Chapter 4: Bank Credit Instruments
government notes.
ORDERS TO PAY
The following are examples of orders to pay credit instruments
Checks and
Bills of NOW Drafts
Exchange Check Account Draft Distinguished
A bill of exchange is an A check is the order of a Negotiable Order of A draft is an order to pay and Both checks and drafts are
order of one person/bank depositor to his bank to Withdrawals. NOW a bill of exchange. They are bills of exchange since both
(drawer) to another pay a third person or accounts earn interest and classified as sight or demand, are negotiable instruments. A
person/bank (drawee) to himself a certain sum of account holders can write as time, commercial, or bank check is drawn against
pay a third person (payee) drafts. Those that are paid at deposits; a draft may be
a certain sum of money money upon demand. Such many NOW checks as they
sight upon presentation are orders to pay. There are 3
upon demand or at some is commonly known as a want. It is like a savings demand drafts. Those parties involved in a check or
specified future time. A bill personal check. When the deposit as it earns interest. payable at a future time are draft. A check is payable on
of exchange is also in the bank’s cashier is the But it is also like a time drafts. When a draft is demand while a draft may be
form of a check or draft. drawer of the check, it is current/checking a/c drawn by a merchant against payable either on demand or
known as a cashier’s because it can issue checks another, it is a commercial at a future determinable time.
check. When the manager for payments. There is no draft. If drawn by a bank A check is drawn on a bank; a
01.13.2021 of a business is the drawer, need for a passbook for against another bank, it is a draft may be drawn on a
Chapter 4: Bank Credit Instruments it is termed as a manager’s depositing or withdrawing. bank draft. merchant or a bank. 11
check.
Bank Guarantees
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Chapter 4: Bank Credit Instruments
OTHER KEY TERMS
There are four other key concepts or terms to
understand.
Negotiation Presentment
▪ Without prejudice to legal concepts, negotiation means the ▪ Presentment means the exhibiting of the instrument at the
transfer of the instrument from one person to another
either by endorsement and delivery, by mere delivery or by bank either for payment or for acceptance.
assignment.
▪ The check should be presented for payment within a reasonable
▪ Negotiation has certain conditions as follows: period of time after its issue according to the Negotiable
1. The credit instrument is complete and regular on Instruments Law.
face value.
2. The holder obtains possession of the instrument ▪ A draft, on the other hand, may be presented for payment after
before it has become past due and even without its last negotiation within a reasonable period.
notice that it was previously dishonored.
3. The holder took the instrument in good faith and for
value.
4. At the time it was negotiated to the holder, no
defects in instrument or title were detected.
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Chapter 4: Bank Credit Instruments
OTHER KEY TERMS
There are four other key concepts or terms to
understand.
Dishonor Endorsement
▪ Dishonor means that the check is refused payments or a ▪ Endorsement forms part of a negotiation of an instrument. It is
time draft is refused acceptance. simply indicated by the signature of the endorser at the back of
▪ The refusal, therefore, may be termed dishonor by non- the instrument or on some paper attached thereto.
payment or non-acceptance. ▪ If such is the case, it is termed blank endorsement.
▪ If this happens, the holder of the instrument may file a ▪ When a specified person is named as the transferee, followed by
protest in writing or orally. the signature of the endorser, this is called special endorsement.
▪ The law prescribes the way a protest is to be made. ▪ An endorsement which restricts the further negotiation of the
▪ However, the protest may also be waived. instrument is deemed as a restricted endorsement. For
example, the check is endorsed as “For deposit only” followed
by the signature of the endorser.
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Chapter 4: Bank Credit Instruments
Significance of Bank
Credit Instruments
Besides facilitating to a great extent the dealings in credit, such
bills of exchange and promissory notes might also bring about
losses on the part of the bank.
▪ Therefore, care should be taken in the preparation of these papers. For
example, a check may be forged not only as to signature but also as to other
material parts such as the date, the amount, and the payee.
▪ In such cases, the bank may become liable for payments on these.
▪ A check issued by a person implies his promise to pay. In order not to destroy
the trust of the public on banks, depositors should see to it that they have
sufficient funds to cover the checks they issue.
▪ Since banks are also responsible to honor checks for payment, or bills of
exchange in general, they should see to it that their normal cash needs would
always be enough to answer the demands of depositors and customers.
▪ This way, the public’s confidence on the soundness of banks and their
patronage of the banking system as a whole shall be strengthened considerably.
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Chapter 4: Bank Credit Instruments
THANK
YOU!
Questions?
Email: Website:
yhlmier@shc.edu.ph cbashc.wordpress.com
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Reference
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