ISBN Publisher. International Law Book Services (ILBS). Year of Publication. Yearly print / cover colour might change. This Act may be cited as the Bills of Exchange Act Interpretation. 2. In this Act, unless the context otherwise requires– “acceptance” means an acceptance. 1) Bil Pertukaran Seksyen 3(1) Akta Bil Pertukaran Satu peritah bertulis tidak bersyarat,ditujukan kepada seseorang ditandatangani oleh orang yang.

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Akta Bil Pertukaran 1949 (Disemak – 1978)

The renunciation must be in writing, unless the bill is delivered up to the acceptor. Holder’s right to duplicate of lost bill Such a debt or liability is deemed valuable consideration whether the bill is payable on demand or at a future time. When a bill has been duly noted, the protest may be subsequently extended as of the date of the noting. Dishonour by non-payment It is in the option of the holder to resort to the referee in case of need or not, as he may think fit.

Laws of Malaysia ACT 2 An instrument expressed to be payable on a contingency is not a bill, and the happening of the event does not cure the defect. Lost Instruments Holder’s right to duplicate of lost bill Laws of Malaysia ACT 5 Where any person is under obligation to indorse a bill in a representative capacity, he may indorse the bill in such terms as to negative personal liability.

Bills of Exchange 51 Saving The drawer of a bill and any indorser may insert therein the name of a person to whom the holder may resort in case of need, that is to say, in case the bill is dishonoured by non-acceptance or non-payment. Protection of bankers collecting payment of cheques, or certain other instruments A banker who gives value for, or has a lien on, a cheque payable to order which the holder pertukatan to him for collection without indorsing it, has such if any rights as he would have had if, upon delivery, the holder had indorsed it in blank.


Bills of Exchange 55 3 The Yang di-Pertuan Agong may by notification in the Gazette prescribe the fees payable on issue of certificates under subsection land may in like manner prescribe the form of such certificates. Negotiation of overdue or dishonoured bill In such case any indorser who would have had a right of recourse against the party whose signature is cancelled, is also discharged.

Subject to this Act– a where a cheque is not presented for payment within a reasonable time of its issue, and the drawer or the person on whose account it is drawn had the right at the time of such presentment as between him and the banker to have the cheque paid and suffers actual damage through the delay, he is discharged to the extent of such damage, that is to say, to the extent to which such drawer or person is a creditor of such banker to a larger amount that he would have been, had such cheque been paid; b in determining what is a reasonable time, regard shall be had to the nature of the instrument, the usage of trade and of bankers, and biil facts of the particular case; Laws of Malaysia ACT c the holder of such cheque as to which such drawer or bio is discharged shall pertukarann a creditor, in lieu of such drawer or person, of such banker to the extent of such discharge, and entitled to recover the amount from him.

Alteration of bill Effect where bli parties to bill are the same person 5.

Akta Bil Pertukaran (Akta ) & Akta Bil Jualan (Akta) | Zenithway Online Bookstore

Rights of the holder Where a person takes a crossed cheque which bears on it the words “not negotiable” he shall not have and shall not be capable of giving a better title to the cheque than that which the person from whom he took it had. But nothing in this section shall be construed as requiring the bill or note of a corporation to be under seal.

Provided that nothing in this section shall affect the ratification of an unauthorized signature not amounting to a forgery. When the cause of delay ceases to operate, presentment must be made with reasonable diligence. What bills are negotiable 8.



Negotiation of Bills Negotiation of bill Duties as to qualified acceptances Bills of Exchange 5 Section Accommodation bill or party Acceptor the holder at maturity The provisions of this subsection do not apply to a partial acceptance, whereof due notice has been perrukaran.

If it be not so presented, the indorser is discharged. Presentment of cheque through document image processing system 74A.

Laws of Malaysia ACT 2 In the case of a corporation, where by this Act, any instrument or writing is required to be signed, it is sufficient if the instrument or writing be sealed with the corporate seal. Subject to this Act, when a bill has been dishonoured by non- acceptance or by non-payment, notice of dishonour must be given to the drawer and each indorser, and any drawer or indorser to whom such notice is not pertukara is discharged: Computation of time of payment Bills of Exchange 23 Conditional indorsement Certainty required as to payee 7.

Presumption of value and good faith Negotiation of Bills Conflict of Laws Rules where laws conflict Unindorsed cheques as evidence of payment Alteration of bill Acceptance and Payment for Honour Negotiation of bill Bills of Exchange 27 Non-acceptance Laws of Malaysia ACT 2 Where the banker on whom a cheque is drawn which is so crossed nevertheless pays the same, or pays a cheque crossed generally otherwise than to a banker, or if crossed specially otherwise than to the banker to whom it is crossed, or his perrtukaran for collection being a banker, he is liable to the true owner of the cheque for any loss he may sustain owing to the cheque having been so paid: Liability of drawer or indorser