agosto 27, 2020

Difference between promissory note, bill of exchange and cheque iPleaders

cheque bounce
written promise

In the case of the promissory note, no notice is issued to the “maker” of the promissory note for the dishonor. A BOE must be accepted by the debtor in order to be considered legal. In the event of a promissory note, the drawee's acceptance is not necessary.

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These instruments have a clear mention of certain terms and create a legal obligation upon the person who ought to make payment. According to Section 13 of the Negotiable Instruments Act, 1881 a negotiable instrument is a promissory note, cheque or bill of exchange payable either to the order or to the bearer. The transferable nature of the Negotiable makes it possible to transfer and give a legal right to the party who has received such an instrument. Hence, the holder of the instrument could either fulfil his own payment that was due to him or transfer it to some other person.

Types of Bills of Exchange

Being a negotiable instrument, promissory note is easily transferable from one person to another. The Bills of Exchange in India are governed by the Indian negotiable instruments act, 1881. It appears in Section 5 of the negotiable instrument act. According to this, the order to pay is not “conditional” and the payable amount is “certain”.

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. His is the debtor who promises to pay a specific sum to its creditor. A bill of exchange is a written order binding one party to pay a fixed sum of money to another party on demand or at a predetermined date.

This type of instrument is essentially a formalized IOU, requiring one person to pay another by a set date. A promissory note is a written promise by the drawer to pay the payee . The instrument is passed on from one person to another by endorsement and delivery. Endorsements on bills of exchange and promissory notes are done in exactly the same manner as those on cheques.

Secured promissory note vs. unsecured promissory note

It can specify that payment is due on demand or at a specified future date. As well, a bill of exchange must be accepted by the drawee to be valid. Bills Of ExchangeBills of exchange are negotiable instruments that contain an order to pay a certain amount to a particular person within a stipulated period of time. The bill of exchange is issued by the creditor to the debtor when the debtor owes money for goods or services.


Both are the proof of purchase of goods or services in credit. Bill of exchange must be carrying certain amount and only in terms of money, and not in terms of goods or services. A Bills of Exchange must have adequate stamp duty at the prescribed rate. The amount for the Bills of Exchange should be paid within a stipulated time. The sum payable for the Bills of Exchange must be specified. The Bills of Exchange helps to enhance the per capita income of the country and the government is benefited with the foreign trades.

Often, payee and drawer are the same under specific circumstances. Agreed upon by both promisor and promisee for payment of an agreed sum of money. The notice of dishonor of a bill of exchange must be given to all the parties concerned, however, in the case of promissory note such notice need not be given to the maker.

Things You Need to Have in Your Loan Agreement

A bill of exchange is a form of negotiable instrument which carries the buyer’s statement to the seller regarding the amount of money to be paid. The payee, the drawee, and the drawer are three parties who play a pivotal role in the process. A promissory note is a written promise from one person to pay a specified sum of money to another person on a selected date or demand.

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This instrument ensures the payment by the debtor to the creditor according to the agreed conditions on the due date. In order to complete the contract under a Bill of Exchange or Promissory note, delivery must take place. An acceptor must accept liability and indorsement of the goods once delivered in order for the contract to remain. Indorsements must be in writing and signed by the indorser, written on the instrument, to the full amount of the product. Indorsement can be with or without recourse (see our article on recourse and non-recourse payments around forfeiting here).

Trade Bill

Because the transfer was not made with the intention to pass the title. The transfer must be made in such a manner as to constitute the transferee as the holder of the instrument. We assist companies to access trade and receivables finance through our relationships with 270+ banks, funds and alternative finance houses. The buyer will agree to payment through a bill of exchange, which can be guaranteed by a bank. This is an individual who receives payment, and in most circumstances, is the same as the drawer.


Raise capital by offering finance as collateral for the loan amount. Numerous states have enacted the Uniform Power of Attorney Act in order to allow Americans to anticipate that their power of attorney... When the payment must be paid and who must pay the amount due.

Features of a promissory note

These are issued by creditors and contain their stamp and signature along with a predetermined date for payment and a fixed amount. These are issued by debtors and contain their stamp and signature along with a predetermined date for payment and a fixed amount. Bills of exchange can be transferred by endorsement, much like a check. They can also require the buyer to pay a third party—a bank—in the event that the buyer fails to make good on his agreement with the seller.

The Bills of Exchange are drawn to meet the financial needs of others. This bill is issued to accommodate the other party with the common decision. Supply bill is a type of bill that is drawn to supply certain goods by any government department or by a supplier or by a contractor. To obtain cash for any pending payments from any financial institution for satisfying the financial requirements, supply bills are used. A type of bill that is without documents of proof is called a Clean Bill. In this bill no documents are present so the charges for this bill are higher with the higher interest rate in comparison to other documentaries. are more often used in international trade, whereas promissory notes are used most often in domestic trade. This article is written by Ashutosh Singh, a student at Amity law school, Kolkata. The article explains the salient features of three negotiable instruments, promissory note, a bill of exchange and cheque, highlighting the differences between them.

  • The date the debtor will pay the money must be written in the document.
  • The liability of the maker of the bill of exchange is secondary and conditional.
  • A negotiable instrument can be transferred multiple times till the date of its maturity.
  • A type of bill that is without documents of proof is called a Clean Bill.

These bill of exchange and promissory notes carry a demand or a promise to pay a certain amount of money within a stipulated period of time. Whereas, according to the Official Website of the International Trade Administration, a promissory note is most commonly used in domestic trade matters. For example, it could be used as a private IOU between two parties involved in the sale of a vehicle. A real estate loan is also a promissory note, although they are subject to more stringent regulations than some other types of IOUs. Both the bill of exchange and promissory note are important documents related to debt and repayment, but they operate in distinctly different ways. In this article, you will learn about the difference between a bill of exchange and a promissory note, more information about each, and an example of a bill of exchange and a promissory note.

They may accrue interest if not paid by a certain date, but that rate must be specified on the instrument. Unlike a check, a bill of exchange is a written document outlining a debtor's indebtedness to a creditor. Bills of exchange are one of the most significant negotiable instruments that are issued when the debtor purchases goods on credit.

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