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Endorsement

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Endorsement

  • This topic has 13 replies, 2 voices, and was last updated 3 weeks ago by MikeLittle.
Viewing 14 posts - 1 through 14 (of 14 total)
  • Author
    Posts
  • February 27, 2023 at 5:44 am #679680
    krrish2005
    Participant
    • Topics: 35
    • Replies: 103
    • ☆☆

    Sir if a bill is drawn for payment to payee and he further endorses it to another person
    And the bill is dishonored
    To whom the drawer will be liable ???
    The payee or the person to whom the bill is endorsed

    February 27, 2023 at 8:51 am #679694
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22829
    • ☆☆☆☆☆

    The endorsee is a holder (either a holder in due course or, simply, a holder for value).

    When the holder submits the bill for payment and is notified that payment will not be forthcoming, the holder will (presumably) go back to the person that endorsed it to him / her. And if we follow that principle back through the chain of successive holders / endorsees, we arrive at the endorsee that took the bill from the payee.

    And the payee will need to compensate that endorsee and will, in turn, go back to the drawer (or the guarantor-in-case-of-need)

    Your question is: “To whom the drawer will be liable ???”

    The answer is: “Anyone and everyone that has signed the bill, no matter in what capacity they made that signature”.

    OK?

    February 27, 2023 at 10:22 am #679698
    krrish2005
    Participant
    • Topics: 35
    • Replies: 103
    • ☆☆

    Anyone except endorsee for collection right??

    February 27, 2023 at 1:19 pm #679709
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22829
    • ☆☆☆☆☆

    NO!!! Anyone, ANYONE that has signed th bill in WHATEVER CAPACITY

    So, if the endorsee has further endorsed and the bill has been successively endorsed through 2 more, 200 more or 2,000 more endorsements, ANYONE that has signed the bill is liable to subsequent claimants … BUT, importantly, the drawer is liable to ALL SIGNATORIES

    If the drawer, having once dishonoured the bill upon presentation for payment, subsequently relents and pays the holder, then there is no further liability for the drawer.

    The holder of a dishonoured bill can sue ANY prior signatories (and, in the case of a holder for value, can sue the person immediately before them even if they haven’t signed the bill)

    OK?.

    February 27, 2023 at 2:01 pm #679712
    krrish2005
    Participant
    • Topics: 35
    • Replies: 103
    • ☆☆

    But sir the article 21 states that endorsee for collection on the instrument is not liable to any subsequent holders

    February 27, 2023 at 3:11 pm #679720
    krrish2005
    Participant
    • Topics: 35
    • Replies: 103
    • ☆☆

    Un convention of international on international bills of exchange

    February 27, 2023 at 3:15 pm #679722
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22829
    • ☆☆☆☆☆

    No it doesn’t! Read it again

    February 27, 2023 at 3:17 pm #679723
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22829
    • ☆☆☆☆☆

    And (in typical fashion) you have given me an incorrect source title!

    The correct title is “UNITED NATIONS CONVENTION
    ON INTERNATIONAL BILLS OF EXCHANGE
    AND INTERNATIONAL PROMISSORY Notes”

    February 27, 2023 at 3:42 pm #679726
    krrish2005
    Participant
    • Topics: 35
    • Replies: 103
    • ☆☆

    Sir the article states
    Article 21(2)
    makes the endorsee(for collection) not liable on the instrument to any subsequent holders

    February 27, 2023 at 3:45 pm #679727
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22829
    • ☆☆☆☆☆

    NO IT DOES NOT!!!! READ IT AGAIN

    February 27, 2023 at 3:54 pm #679730
    krrish2005
    Participant
    • Topics: 35
    • Replies: 103
    • ☆☆

    I am extremely sorry sir
    It’s not endorsee
    It’s ENDORSER FOR COLLECTION IS NOT LIABLE TO ANY SUBSEQUENT HOLDERS

    February 27, 2023 at 3:57 pm #679731
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22829
    • ☆☆☆☆☆

    OK, so my original answer is correct!

    And PLEASE be more careful in your subsequent posts – this is not the first time that you have (importantly) misquoted a source!

    February 27, 2023 at 4:34 pm #679733
    krrish2005
    Participant
    • Topics: 35
    • Replies: 103
    • ☆☆

    Yes sir duly noted
    And sir if the ENDORSEE WILL BE LIABLE TO CLAIMS AND DEFENSE ONLY AGAINST THE ENDORSER
    RIGHT??

    February 27, 2023 at 4:52 pm #679735
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22829
    • ☆☆☆☆☆

    Why would the endorsee be liable to the endorser? Or anyone?

    The endorsee could claim against ANY prior signatory (as I have said in previous posts on this thread)

    OK?

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