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Today, letโs start our discussion on the different parties involved in a bill of exchange. Can anyone tell me who the drawer is?
Isn't the drawer the one who writes or creates the bill?
Exactly! The drawer is the person or entity that creates the bill and directs the drawee to pay a certain sum. They are typically the creditor. Remember, 'D' for Drawer means they're the one who draws up the bill.
What happens if the drawer doesn't get paid?
Great question, Student_2! If the bill is dishonored, they might have to take legal action against the drawee. That's why understanding these roles is important!
So, the drawer kind of starts the whole process, right?
Yes! They kick things off. Let's summarize this: the drawer writes the bill, directs the payment, and is usually the creditor.
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Now let's discuss the drawee. Can someone tell me who the drawee is?
I think the drawee is the one who has to make the payment, usually the buyer?
Correct! The drawee is indeed obligated to pay the amount stated in the bill. Once they accept the bill, they become the acceptor.
What does it mean to accept the bill?
Acceptance means they agree to pay the specified sum on or by the due date. 'D' for Drawee must always accept to pay!
So, they can refuse to accept it?
That's right. If they refuse, the bill is dishonored. Important take-away: the drawee is crucial in this payment chain.
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Letโs now explore the payee and endorser. Who can explain who the payee is?
The payee is the one who receives the payment, right?
Exactly! And often, the payee can be the drawer or their nominee. Now, what happens if the payee transfers their right to someone else?
That would make the new person the endorsee and the original payee the endorser!
That's right! The endorser transfers their right to the endorsee. A way to remember is: P for Payee and E for Endorsee. If you pass it, you endorse it!
So if Iโm the payee and I want someone else to receive my payment, I just endorse it to them?
Exactly! Thatโs how bills can be transferred from one party to another.
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In this section, we explore the five key parties involved in a bill of exchange: the drawer, drawee, payee, endorser, and endorsee. Each party plays a distinct role in the transaction, from initiating the bill to receiving payment.
In a bill of exchange, there are five primary parties involved:
Understanding the roles of these parties is crucial for comprehending how bills of exchange function in commercial transactions.
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โ Drawer:
The drawer is the person or entity who writes and signs the bill, directing the drawee to pay the specified sum of money.
The drawer is usually the creditor (seller) in the transaction.
The drawer is the key initiator of the bill of exchange. This is the individual or organization that creates the bill and signs it, effectively instructing another party (the drawee) to make a payment. Since the drawer typically has a creditor-debtor relationship with the drawee, it is often the seller of goods or services who draws up the bill to ensure they get paid for their sale.
Imagine a store selling electronics. If a customer buys a television on credit, the store writes a bill of exchange as the drawer, asking the customer (the drawee) to pay a specific amount on a future date. The store is counting on receiving money for the television once the payment date arrives.
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โ Drawee:
The drawee is the person or entity on whom the bill is drawn and who is obligated to make the payment (usually the buyer or debtor).
Upon acceptance of the bill, the drawee becomes the acceptor.
The drawee is the party that is ordered to pay the sum specified in the bill of exchange. This person or entity is typically the buyer or debtor. When the drawee agrees to pay the amount due on the bill, they formally accept it, thus becoming the acceptor. This acceptance is crucial because it indicates their acknowledgment and commitment to fulfilling the payment obligation.
Continuing with our electronics store scenario, the customer (the drawee) receives the bill of exchange and signs it, thereby accepting that they will pay the specified amount for the TV in the future. This acceptance transforms them into the acceptor, bound to fulfill the payment when it's due.
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โ Payee:
The payee is the person or entity who is entitled to receive the payment specified in the bill.
In many cases, the payee is the drawer or the drawerโs nominee.
The payee is the individual or organization that benefits from the payment made under the bill of exchange. In many instances, this is the same as the drawer, who is seeking payment for goods or services provided. Sometimes, the drawer may designate another individual or business as the payee, which would mean that this third party is the one entitled to receive the payment.
In our electronics example, the store (the drawer) specifies on the bill of exchange that they, themselves, as the payee, will receive the payment from the customer. However, if the store were to sell the bill of exchange to a bank to get cash earlier, the bank would then become the new payee, entitled to collect the debt from the customer.
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โ Endorser:
If the bill of exchange is transferred to another party, the original payee becomes the endorser.
The endorser transfers their right to receive the payment to the new payee (the endorsee).
The endorser is the original payee who decides to transfer their right to receive the payment from the drawee to another party. This is done through a process called endorsement, where the endorser signs the back of the bill, thus allowing the new payee (the endorsee) to claim payment instead. Endorsement effectively allows the bill to be passed along as a negotiable instrument.
Imagine after the electronics store issues a bill of exchange to the customer, they later need cash to buy more inventory. The store can endorse the bill to a bank, which then will collect the payment from the customer when due. The bank becomes the endorsee, gaining the right to receive the funds.
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โ Endorsee:
The endorsee is the party to whom the bill is transferred by the endorser. They now have the right to receive payment.
The endorsee is the individual or entity who receives the bill of exchange from the endorser. Once the bill is endorsed, the endorsee has the legal right to claim the payment specified in the bill from the drawee. This transfer is important in business as it allows for flexibility in financial transactions.
If the bank (the endorsee) that received the endorsed bill presents it when the payment is due, they can collect the money directly from the customer. This ability to transfer rights makes bills of exchange a useful tool for businesses managing their finances.
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Key Concepts
Drawer: The party that writes the bill and requests payment.
Drawee: The party who must pay the amount due on the bill.
Payee: The entity entitled to receive the payment.
Endorser: The original payee who transfers their rights to another.
Endorsee: The recipient of the transfer from the endorser.
See how the concepts apply in real-world scenarios to understand their practical implications.
If a company sells goods worth $1,000 to a customer, the company acts as the drawer and issues a bill of exchange to the customer, who is the drawee.
When the recipient of the bill decides to transfer the rights to receive payment to another party, such as a bank, the original payee becomes the endorser.
Use mnemonics, acronyms, or visual cues to help remember key information more easily.
The drawer writes, the drawee must pay, the payee receives, at the end of the day.
Once upon a time in a market, the drawer sold goods and wrote a bill. The drawee, who loved apples, promised to pay. The payee was the drawer's friend, who would cash in at the end.
To remember DRAW, D is for Drawer, R is for Receives (payee), A is for Accepts (Drawee), W is for Writes (endorser).
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Review the Definitions for terms.
Term: Drawer
Definition:
The individual or entity who creates the bill of exchange, directing the payment.
Term: Drawee
Definition:
The person or entity on whom the bill is drawn and who is obligated to pay the amount specified.
Term: Payee
Definition:
The individual or entity entitled to receive payment from the bill.
Term: Endorser
Definition:
The original payee who transfers their right to receive payment to another party.
Term: Endorsee
Definition:
The party to whom the bill is transferred by the endorser, gaining the right to receive payment.