Issue 16 . Jun 2021
We are delighted to partner with ITFA to launch our latest guide: the ITFA Digital Negotiable Instruments initiative: bringing negotiable instruments into the digital world. Digitizing global trade has been a steadfast endeavour since before the outset of the COVID-19 pandemic, but pandemic-induced closures and remote work norms have vastly accelerated its need. Unlike in previous eras, it is no longer the state of technology that is holding back this cause, rather the limitations now stem from the legal and regulatory frameworks that global trade operates within. ITFA has established the Digital Document (dDOC) specifications, laying out the mechanisms and requirements for digital original documents to achieve regulatory compliance. These specifications make use of E-signatures, cryptography, and distributed ledger technology (DLT) to create digital documents that effectively replicate many legally necessitated properties of paper. By applying these specifications to digital documents that replicate negotiable instruments, such as bills of exchange or promissory notes, the ITFA has created a type of digital negotiable instrument (DNI) that is referred to as an electronic payment undertaking (ePU). On the legal side, ITFA has created a functionally equivalent instrument – the electronic Payment Undertaking (ePU) – that operates in the same way as the Bill of Exchange and Promissory Note, delivering the benefits of a digital negotiable instrument under English law. The ePU delivers a natively digital irrevocable, unconditional, and independent payment undertaking that fulfils all requirements of a traditional negotiable instrument, albeit subject to contract law rather than common law.
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