ESSENTIALS of ENDORSEMENT

Endorsement - Essentials

Endorser must be holder

Instrument Signed by the Endorser

Intention to Negotiate
 KINDS OF ENDORSEMENT

1)Blank OR General – Sec. 16:

Endorser mentions the name of endorsee and puts his signature.
According to Sec 16 (l) If the endorser signs his name only, the
Endorsement - Kinds

endorsement is said to be "in blank“.

In such type of endorsement, endorser just signs his name.

2)Full OR Special Endorsement – Sec. 16:

According to Sec 16 (l) and if he adds a direction to pay the
amount mentioned in the instrument to, or to the order of, a
specified person, the endorsement is said to be 'in full", and the
person so specified is called the "endorsee" of the instrument.
Endorser mentions the name of endorsee and puts his signature
 KINDS OF ENDORSEMENT

3)Restrictive Endorsement – Sec. 50(2)

Such endorsement restricts further negotiation of the instruments,
Endorsement - Kinds

For Example:
Pay Kamal only
Signature of endorser

An Endorsement is restrictive which either:-

Restricts or excludes the right to further negotiate the instrument, or
Constitutes the endorsee an agent of the endorser to endorse the
instrument or to receive its contents for the endorser or for some
other specified person
 KINDS OF ENDORSEMENT

4)Without Recourse OR Conditional Sec. 52

Without responsibility of the endorser.
Endorsement - Kinds

For example:
Pay Kamal without recourse to me
Signature of endorser

The endorser of a negotiable instrument may, by express words in

the endorsement, exclude his own liability thereon, or make such
liability or the right of the endorsee to receive the amount due
thereon depend upon the happening of a specified event, although
such event may never happen.
 KINDS OF ENDORSEMENT

4)Without Recourse OR Conditional Sec. 52 Cont…….

Where an endorser so excludes his liability and afterwards
becomes the holder of the instrument, all intermediate endorsers are
Endorsement - Kinds

liable to him.

Where the right of an endorsee to receive the amount due on the

negotiable instrument is made dependent in the aforesaid manner
the condition is valid only as between the endorser and the
endorsee.

Where the endorsement of a negotiable instrument purports to be

conditional, the payer may disregard the condition and payment to
the endorsee is valid whether the condition has been fulfilled or not
 KINDS OF ENDORSEMENT

5)Partial Endorsement – Sec. 56:

The endorser directs the transfer only a part of amount payable on a
bill of exchange or promissory note through such endorsement.
Endorsement - Kinds

Negotiation by endorsement must be of the entire instrument.

An endorsement which purports to transfer to the endorsee only a

part of the amount payable, or which purports to transfer the
instrument to two or more endorsees severally, is not valid as a
negotiable of the instrument; but where such amount has been paid
in part, a note to that effect may be endorsed on the instrument,
which may then be endorsed for the balance
 EFFECTS OF ENDORSEMENT
Endorsement - Effects

When a negotiable instrument is endorsed and delivered

to the endorsee, the endorsee becomes entitled for the
ownership rights in the instrument and also a right is
vested in him to further transfer/ endorse the instrument,
the right not vested to an endorsee through a restrictive
endorsement.