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Banking. Bill of exchange, its essence, types (lecture notes)

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Bill, its essence, types

A bill of exchange is a written obligation of the debtor (promissory note) or an order from the creditor to the debtor (bill of exchange - draft) to pay the amount indicated on it after a certain period. A promissory note and a bill of exchange are a type of commercial bill. There are also financial bills, that is, debt obligations arising from the provision of a certain amount of money on credit; their variety is treasury bills (here the debtor is the state). Friendly bills are put on top of each other for the purpose of their subsequent accounting in the bank. Bronze (or inflated) bills - debt obligations that do not have real security.

The characteristic features of the bill are:

▪ abstractness - the specific type of transaction is not indicated on the bill of exchange;

▪ indisputability - mandatory payment of the debt up to the adoption of compulsory measures after the notary draws up an act of protest;

▪ negotiability - transfer of a bill of exchange as a means of payment to other persons with an endorsement on its back (giro or endorsement), which creates the possibility of mutual offset of bill obligations.

The circular force of a bill increases as the number of endorsements increases. But such bills had limited circulation due to the lack of information about the solvency of girants. The limitation of the circulation of bills was overcome with the help of bank acceptance of bills, which received a payment guarantee from large banks.

However, despite this, the use of the bill has its limits: firstly, the bill serves only wholesale trade; secondly, even in wholesale trade, the balance of mutual claims is settled in cash; thirdly, a limited circle of persons who are confident in the solvency of the drawer and endorsers (girants) are involved in the circulation of bills.

Author: Shevchuk D.A.

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