Bank loan against documents of title to goods is a usual and proper form of the banking business. This is affected not by taking actuarial delivery of the goods but by the deposit of the documents of title to the goods.
What are the documents of title to goods?
As per Section 2(4) of the sale of Goods act, 1930, a document of title to goods is “includes a bill of lading, dock-warrant, warehouse keeper’s certificate, wharfingers certificate, railway receipt, warrant or order for the delivery of goods and any other document used in the ordinary course of business as proof of the possession or, control of goods or, authorizing or purporting to authorize, either by endorsement or by delivery, the possessor or the document to transfer or receive goods thereby represented.”
The essential requisites of documents for bank loan against documents of title to goods
1. The possession of the instrument gives rise to the right either by virtue of law or trade usage, to possess the goods represented by the instrument.
2. Goods represented by the instrument can be transferred by endorsement and/or delivery of the instrument.
3. Such a transferee of the instrument can take delivery of the goods in his own right.
4. Documents of title to goods although appear to be negotiable because the second requisite mentioned above is really not negotiable. Negotiable instruments must have another feature, viz., the bonafide transferee for value should not be affected by the defects in the title of the transferor.
This attitude is lacking in the case of documents of title to goods although the goods represented by the instruments can be easily transferred. Therefore, these instruments are referred to as quasi-negotiable. Examples of documents of title to goods are Bills of Lading. Dock Warrants, Warehouse-keeper’s certificates, Railway Receipts, Delivery Orders, etc.
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