Title: The negotiability of money market securities and information and communications technology: a call for the dematerialisation of bills of exchange and promissory notes
Authors: Gonzalo Villalta Puig
Addresses: Faculty of Law, The Chinese University of Hong Kong, 6/F Lee Shau Kee Building, Shatin, New Territories, Hong Kong
Abstract: This article considers the significance of information and communications technology to the negotiability of money market securities in Australia and, by extension, other jurisdictions with legislation derivative from the UK's Bills of Exchange Act 1882. It argues for the dematerialisation of bills of exchange and promissory notes through statutory provision for their creation, recording, and transfer by electronic means. While electronic bills and notes could, arguably, meet the statutory requirements for writing and signature and, therefore, be valid at common law, their legislative recognition would reduce the compliance costs that their paper counterparts generate with little if any risk of computer fraud. Perhaps more importantly, it would give certainty to businesses open to electronic commerce and, thereby, help to realign commercial law with commercial practice.
Keywords: Australia; money market securities; bills of exchange; promissory notes; dematerialisation; negotiability; money market securities; ICT; information and communications technology; information technology; electronic commerce; e-commerce; commercial law; commercial practice.
International Journal of Technology Policy and Law, 2012 Vol.1 No.2, pp.205 - 2016
Received: 08 May 2021
Accepted: 12 May 2021
Published online: 05 Nov 2012 *