Most of the business-to-business sales happen on credit. Delivering goods and services on the promise of payment at a future date may sometimes require legal assurances. Bill of exchange serves this purpose. This written contract is essential for the viability of modern cross-border trading of goods and services.
This article discusses the meaning of bill of exchange , its different types and formats with examples.
A bill of exchange is a written instruction to pay a pre-specified sum of money at a pre-specified date or on demand. It involves a drawer and a drawee. The drawer is the entity that creates and issues the payment instruction, while the drawee is required to make the payment as per the instruction.
The major use of bills of exchange can be found in international or cross-border trading. Sellers in domestic transactions primarily issue invoices directly to buyers as proof of the sales, as both parties belong to the same legal jurisdiction. In case of non-payment, a seller can pursue the defaulter more easily.
The existence of multiple legal jurisdictions and the applicability of international laws require exporters to ensure substantial legal enforceability in case of delay or default in payments. A bill of exchange, as a written instruction accepted by the drawee (buyer) to make a pre-specified payment at a pre-specified date, offers that legal assurance.
Clarity about the parties to a bill of exchange is essential for understanding the legal implications of the document. Each party has different roles to play in fulfilling the underlying transaction.
A bill of exchange for any translation involves two parties: the drawer and the drawee.
The key features and characteristics of a bill of exchange are as follows-
Activities involving a bill of exchange follow the below steps-
Step 1: A drawer (seller) creates a bill of exchange.
Step 2: The bill is presented to the drawee (buyer).
Step 3: The drawee verifies and accepts the bill and returns the same to the drawer.
Step 4: The seller may choose to hold the bill or discount it.
Step 5: If discounted, the seller transfers the bill through endorsement after receiving the discounted amount.
Step 6: The holder of the bill presents it to the drawee at the time of maturity (pre-specified).
Step 7: The drawee pays, and the bill gets honoured.
The format of a bill of exchange may vary depending on the purpose of the bill. However, a standard example of bill of exchange is as follows.
Scenario:
Seller - Shiva Enterprise
Buyer - Shabnam Pvt Ltd
Let us assume that Shiva supplies merchandise worth Rs 1,00,000 to Shabnam on credit. The buyer agrees to pay on a credit term of 90 days. To ensure payment safety and legal enforceability of the transaction, Shiva Enterprise issues a bill exchange mentioning the following details:
Upon receiving the bill, Shabnam Pvt Ltd marks “Accepted” on the bill and countersigns it as a formal acknowledgement. On the due date, Shiva submits the bill and Shabnam pays the due amount. Once the payment is received, Shiva marks the bill as received and countersigns it.
Some of the common types of bills of exchange are,
The drawer can receive these documents upon acceptance of delivery or release of payment.
Discounting a bill of exchange is the process of encashing the bill by its drawer or holder without waiting through the credit period to receive the pre-specified payment. This involves the drawer selling and endorsing the bill to a financial institution or an individual investor in exchange for a discounted sum. The discounting rate depends on the time to maturity of the bill, the prevailing bank rate and creditworthiness.
Some of the substantial advantages of issuing a bill of exchange over other forms of written proof of sales are,
In India, a bill of exchange derives its legal validity from the Negotiable Instruments Act of 1881. On the international front, the Geneva Conventions of 1930 and 1931 outline a harmony among the acts governing such instruments across countries.