Banking News

Difference between Assignment and Negotiation

Difference between Assignment and Negotiation


An assignment is when the rights, title, and interest in debts due or accruing due to a person are transferred to another person. The debts which are sought to be assigned may be present, future, conditional or contingent charge by way of assignment can be created under actionable claim. Transfer of   Life Insurance Policy, National Saving Certificates, Supply bills etc., to the name of the bank for the purpose of borrowing are examples of assignment.

What constitutes negotiation?

An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer, it is negotiated by delivery; if payable to order, it is negotiated by the indorsement of the holder and completed by delivery.

Basically, negotiation and assignment are forms of transferring property rights to another person, there is a certain difference between them. They are given in the following table.

 

Negotiation Assignment
Transactions under negotiation are governed by Negotiable Instrument Acts. Transactions under Assignment are governed by Transfer of property acts.
The negotiation refers to the promissory note, bill of exchange or cheque transferred to any person. Assignment is usually done for other types of documents.
In the case of negotiation, the holder in due course gets a better title than the person from whom he acquired the title as he holds the instrument free from any defect of title of prior parties. In the assignment, the assignee of actionable claim is not eligible for a better title in case of the defects that may exist in the title of the transferor.
In the case of negotiation, consideration is presumed; the endorsee need not prove the consideration for having obtained the instrument. In the case of assignment, consideration is not presumed; the onus of proving consideration for the assignment of an instrument will be on the assignee.
No notice of transfer is required to effect the negotiation.

In the case of assignment, notice of transfer must be given to the debtor by the transferee.

Negotiation can be made by mere delivery or endorsement followed by delivery. Assignment is done by writing. Normally a separate document is executed by the transferor in favour of a transferee.

Related articles

Assignment and actionable claim

Meaning of valid Endorsement

Holder: Who is a holder of a negotiable instrument?

Holder in due course- explained

Payment in due course- explained

A better title to ‘Holder in due course’ explained

Paying bank’s responsibility under NI Acts

Collecting Banker’s responsibility under NI Acts

General and Special crossing of cheques

Effects of ‘Not Negotiable’ mark on a cheque

Allonge: When is an allonge to be used?

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