Asked by Mackenzie Kiernan on Jun 04, 2024

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To have the full benefit of negotiability, negotiable instruments must:

A) meet the requirements of negotiability, but still be held by the original owner.
B) meet the requirements of negotiability and be acquired by a party who notified the maker or drawer of the transfer.
C) simply be acquired by a holder in due course.
D) meet the requirements of negotiability  and  be acquired by a holder in due course.

Holder in Due Course

A legal term describing a person who has acquired a negotiable instrument in good faith and for value, and thus has certain protections against defenses and claims that could be raised against the original issuer.

Negotiability

The attribute of a financial instrument allowing it to be transferred or assigned from one party to another.

Requirements of Negotiability

Legal criteria that an instrument must meet to be considered negotiable, allowing it to be transferred from one party to another.

  • Familiarize yourself with the roles and accountability of stakeholders in negotiable instruments, specifically the drawer, drawee, payee, and holder in due course.
  • Evaluate the factors that determine whether an instrument is negotiable and the importance of the negotiability for the transfer of rights.
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Helene GartiJun 10, 2024
Final Answer :
D
Explanation :
For an instrument to have the full benefit of negotiability, it must not only meet the requirements of negotiability (such as being in writing, signed by the maker or drawer, containing an unconditional promise or order to pay a fixed amount of money, and being payable on demand or at a definite time to order or to bearer) but also be acquired by a holder in due course. A holder in due course is a holder who takes the instrument for value, in good faith, and without notice of any defect or claim against the instrument. This status provides the holder with certain protections, such as the ability to enforce the instrument free from most defenses that could be raised by the original parties.