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Chapter Law Content

Title: Negotiable Instruments Act CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter II Bills of Exchange
Section 2 Endorsement
Article 30
A bill is negotiated by endorsement and delivery. A bill payable to bearer may be negotiated merely by delivery.
A bill payable to order is non-negotiable if the drawer makes on the bill an express statement to that effect.
If an endorser inserts a statement on a bill making it non-negotiable, the bill may still be negotiated by endorsement. However, the person imposing the restriction on negotiation is not liable to those who acquire the bill through endorsement after the restriction is placed.
Article 31
An endorsement shall be made by the endorser on the back of the bill or on an allonge annexed to the bill.
A special endorsement is an endorsement in which the endorser specifies the name of the endorsee and signs on the bill.
A blank endorsement is an endorsement in which the endorser does not specify the name of the endorsee but only signs on the bill.
The endorser may specify the year, month, and date of endorsement for either of the endorsements referred to in the preceding two paragraphs.
Article 32
A bill endorsed in blank may be negotiated by delivery.
The bill referred to in the preceding paragraph may also be negotiated by blank endorsement or special endorsement.
Article 33
A holder of a bill of which the last endorsement is a blank endorsement may alter the blank endorsement into a special endorsement by specifying himself or another person as endorsee in the appropriate blank space before negotiating the bill.
Article 34
A bill may be negotiated to the drawer, the acceptor, the drawee, or any other person liable on the bill.
A transferee referred to in the preceding paragraph may further negotiate the bill before its date of maturity.
Article 35
An endorser may specify on the bill the name of a person other than himself at the place of payment as referee in case of need.
Article 36
An endorsement that purports to transfer to the endorsee only a part of the amount payable by the bill, or that purports to transfer the amount payable by the bill to two or more endorsees severally, does not operate as a negotiation of the bill. If an endorsement is made subject to a certain condition or conditions, the conditions are deemed not to exist.
Article 37
The holder shall prove his rights on the bill by evidence of consecutive endorsements. If, however, there exists, among the endorsements, a blank endorsement, the endorser next in sequence is deemed to be the endorsee of the immediate preceding blank endorsement.
An endorsement struck out that does not affect the sequence of the endorsements is deemed not to exist insofar as concerns the sequence of the endorsements.
An endorsement struck out that affects the sequence of the endorsements is deemed to be not struck out insofar as concerns the sequence of the endorsements.
Article 38
If the holder intentionally strikes out an endorsement, the endorser whose endorsement is struck out and those endorsers whose names appear next in sequence after the endorser but who made their endorsements before the intentional striking out are all exempted from their liabilities thereon.
Article 39
The provisions of Article 29 shall apply mutatis mutandis to an endorser.
Article 40
If the holder makes an endorsement for the purpose of authorizing the endorsee to receive payment by mandate, he shall note the fact on the bill.
The endorsee referred to in the preceding paragraph may exercise all rights in the bill, and may further endorse it for the same purpose.
The rights exercisable by a subsequent endorsee are the same as the first endorsee.
A person liable on a bill may raise against a mandatary only the defenses as would be available to the person against the principal.
Article 41
An endorsement made after the maturity of a bill has only the effect of normal credit transfer.
An endorsement without a date specified is presumed to have been made before maturity.