Valuable Documents

In the general provisions regarding negotiable papers in the Turkish Commercial Code, the definition of negotiable documents has been made. Valuable documents; They are such bonds that the right they contain cannot be claimed separately from the deed, nor can it be transferred to others (TCC Art. 645).
Valuable documents are deeds on which the written right is strictly bound in a year, therefore the right can only be claimed with this document and can be transferred with this document. Valuable documents are divided into three in terms of transfer.
These:
1.Named negotiable documents
2.Emre written negotiable documents
3. It is a valuable document written on a bearer.

Valuable documents with a registered name; In Article 566 of the TCC: “Valuable documents written on behalf of a certain person but not including his / her registration to his / her order and not counted among the cents written to the order by law are deemed a registered deed. It was defined in the format. Accordingly, the legally obliged bills (policy, bond and check)
conversion into; it is not possible to write only the name on the deed. In addition, it should be clearly stated on the deed written to the order that it is “not in order” or “registered to the name”.
The transfer of valuable documents with registered name is not possible with a turnover. These types of deeds can be transferred by transfer declaration and transfer of possession. The transfer statement to be made must be in writing and contain at least the signature of the transferor and who the transferee is. The definition of the negotiable document written to the bearer, in the 570th article of the TCC: “The text of the bill
or, according to the form, each valuable document that is understood to be considered as the right owner of the holder is considered as bearer. ” Made in the form. The negotiable document written to bearer is the easiest to transfer in terms of transfer form. The transfer of possession, which is valid in terms of all three types of negotiable documents, without the need for any other legal process in terms of valuable documents written to the bearer
provides.
Valuable documents written as order, in article 736 of TCC: “Valuable documents that are written as an order or deemed as such by law are bills written on order.” It was described in the figure.
The bills written under the law are: Checks, policies and bonds. A negotiable document that is not legally available to order; However, records such as “order” or “order order” can be put into written form. The transfer of deeds written under orders, like all other valuable documents, requires the transfer of possession. However, in such valuable documents, before the transfer of possession, there is a transaction called turnover and the transfer is realized as turnover + delivery.

Turnover must be made on the bill or on the extension of the bill. There are two types of turnover, full turnover and white turnover. In the full turnover, the name of the transferee is stated and the phrase “pay off” is included. In the case of white turnover, it is done by “pay off” or simply preaching a signature. However, both types of turnover must have a signature.
Bills of exchange, which are a type of negotiable document, are restricted in our law. Accordingly, the policy is a check and bill of exchange. One of the most important features of valuable documents is that they are produced in a certain number or that there is no limit to the number. Bills of exchange have been produced in a certain number according to the Turkish Commercial Code and cannot be produced again later. However, securities such as stocks do not have a specific number and can be produced again when needed.

 

Valuable documents are also documents that depend on the shape element. In bills of exchange and securities
It is absolutely important to adhere to the element of shape. Because a shape that is not suitable for the element
negotiable documents are legally invalid and do not give rise to a claim in return. Valuable documents are documents that can be transferred and create the right to receive. For this reason, in today’s commercial life,
They are important and make a great contribution to the commercial life in terms of facilitating payment transactions. Bills of exchange, valuable documents that give the right to receive all the features of the negotiable documents
documents. According to the Turkish Commercial Code, bills of exchange are policies, bills and bonds. Bills of exchange (all types of bills of exchange) have the following characteristics:
* A credit-debt relationship is established with the bills of exchange. Therefore, bills of exchange
* Gives the owner the right to receive.
* Written deeds
* It is necessary to present the bill for payment. (If the deed is lost, the right arising from the deed is lost)
* There is a principle of independence of signatures and declarations on bills of exchange.
* Those who sign the bill are liable for the debt, even if they have signed as a guarantor.
* Valuable documents must meet the form requirement. (According to its type, it must be printed as defined in the TCC and include the necessary explanations, delivery to the other party within the time specified in the law, etc.)
* Valuable documents are international.

Securities, on the other hand, are used in the stock market as investment instruments, unlike bills of exchange. Stocks, bonds, treasury bills and mortgage debt securities are the most well-known types of securities. Securities can be either fixed income or variable income.

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