Inchoate instrument
| Inchoate instrument |
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| See also |
Inchoate instrument is "an incomplete or blank negotiable instrument properly stamped and signed" [1].
Another definition says that it is "an unrecorded instrument that must, by law, be recorded to serve as an effective notice to third parties" [2].
This instrument is written in part and signed by the draftsman or producer and acceptor. If, for example, a check is involved, data such as the amount / date of receipt / recipient are empty [3].
Inchoate instrument is not a negotiable instrument. It can only happen after completing the amount on it. Also, only after filling the amount, the owner can sue [4].
Features and effects of the inchoate instrument
Going further along with Act 20, we can list the features and effects of the new instrument. From this act we distinguish features such as [5]:
- Signed by one person and delivered to another
- It is a paper containing a stamp, in accordance with the law of the Negotiable Instruments Act
- It is in a completely empty or partially empty form
- The holder of this incomplete instrument is entitled to fill in the fields for any amount, which, however, may not exceed the amount covered by the seal on the instrument.
In turn, the inchoate instrument effects will be [6]:
- Responsibility for a new instrument rests with the person signing the instrument
- However, this responsibility is only temporary and applies to having it in a timely manner, because the person can recover the amount from the person who provides it.
The following rules are outlined below [7]:
- When filling in the blank or filling an incomplete instrument, the responsibility of the person signing and delivering the instrument is created.
- The principle of estoppel applies here.
- The person holding the instrument must complete it in due time.
- If it is not delivered, the signer will not be responsible for the person who owns it.
- The signer can not give up his responsibility under any circumstances or under any pretext to ask the holder for a smaller amount for a complex instrument.
- If any instrument does not require stamps, it is not subject to the above rules.
Footnotes
References
- Garner B.A. (2009), "Black's Law Dictionary", West Publishing, USA, vol. 9
- Gulshan S.S. (2009), "Business Law", Excel Books India, India
- Mathur S.B. (2010), "Business Law", Tata McGraw-Hill Education, New Delhi
- Oglesby C.H. (2008), "Legal aspects of business", Nirali Prakashan, Mumbai, vol. 13
- Pillai R.S.N. (2013),"Legal Aspect of Business", S. Chand Publishing, India
- Rao P.M. (2013), "Business Law", Phi Learning Pvt. Ltd., Delhi
- Sheth T. (2012), "Business Law", Pearson Education India, India
Author: Angelika Guzik
