Bearer Form - Explained
What is a Bearer Form?
Written by Jason Gordon
Updated at September 26th, 2021
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Table of Contents
What is a Bearer Form?A Little More on What is a Bearer FormAcademics research on Bearer FormWhat is a Bearer Form?
A bearer form describes a security, financial instrument, or negotiable instrument that has no owner of record. When security such as a bond or share which is payable to its bearer is not registered in the corporations book of the issuing company, it is a bearer form. A bearer form is also used in the context of a negotiable instrument such as check or banknote that is not payable to a specific payee. Bearer forms are payable to whoever is in possession of them or whoever tenders them with no record of the owner.
Back To: COMMERCIAL LAW: CONTRACTS, PAYMENTS, SECURITY INTERESTS, & BANKRUPTCY
A Little More on What is a Bearer Form
The issuers of bearer form securities have no amount or record of who owns them. However, this absence of a record does not stand in the way of such securities being traded. The person in physical possession of bearer forms receives payments, despite that there is no evidence of ownership. The physical bearer of this security or negotiable instrument has the right to transfer the ownership to another party, this requires no record or documentation, all it requires it the physical transfer of the bearer certificate or negotiable instrument.
Securities issued by a corporation can be in two forms, either in bearer form or registered form. Registered securities have information or records in the corporation's book while bearer forms have no record whatsoever. Given that corporations have the records of the owners of registered forms, payments are made to them directly. But in the case of bearer forms, the physical bearers of such securities or negotiable instruments are presumed to be the owners, the securities are payable to them. Bearer forms are commonly used by issuers who do not want to disclose their identity, thereby remaining anonymous. They offer bearer forms certificates which are payable to the holders of the instruments.
Two types of bearer forms certificates exist, these are;
- Bearer bond certificate: This is also called a coupon bond where payments are made to whoever is in possession of the bond certificate.
- Bearer stock certificate: This is a negotiable instrument payable to the holder. The person in physical possession of the bearer stock certificate has all the legal rights associated with the stock.
Certain jurisdictions, states, and countries prohibit bearer forms because of the tendency of individuals to use them for money laundering, tax evasions and other forms of fraudulent acts.
Related Topics
- Negotiable Instrument
- What is Negotiability and why is it important?
- What is required for commercial paper to be negotiable?
- Sum Certain (Contracts)
- Inflation Adjustment Clause
- When does commercial paper contain an Unconditional promise to pay?
- Backup Line of Credit
- What is Payable on Demand or Payable on Time?
- What is Order Paper and Bearer Paper?
- Bearer Form
- How is a payee identified on the negotiable instrument?
- What rules does the court apply in determining negotiability?
Academics research on Bearer Form
- Zero coupon bond arbitrage: An illustration of the regulatory dialectic at work, Finnerty, J. D. (1985). Zero coupon bond arbitrage: An illustration of the regulatory dialectic at work.Financial Management, 13-17. This paper provides an illustration of how structural frictions in the world capital markets can give rise to profitable arbitrage opportunities. It describes how a company realized an arbitrage profit by simultaneously issuing zero coupon Eurobonds and purchasing a cash matching portfolio of stripped U.S. Treasury bonds and identifies the market imperfections that created this opportunity. [CITATION]
- The persistent borrowing advantage in eurodollar bonds: A plausible explanation, Marr, W., & Trimble, J. (1988). The persistent borrowing advantage in eurodollar bonds: A plausible explanation.Journal of Applied Corporate Finance,1(2), 65-70.
- The main characteristics of tax havens, Moerman, S. (1999). The main characteristics of tax havens.Intertax,27(10), 368-375.
- The Prose Narrative Repertoire of a Passive Tradition Bearer in a Welsh Rural Community (Part 2), Gwyndaf, R. (1981). The Prose Narrative Repertoire of a Passive Tradition Bearer in a Welsh Rural Community (Part 2).Fabula,22(1), 28.
- Inside the bank lending channel, Gambacorta, L. (2005). Inside the bank lending channel.European Economic Review,49(7), 1737-1759. This paper tests cross-sectional differences in the effectiveness of the bank lending channel. The results, derived from a comprehensive sample of Italian banks, suggest that heterogeneity in the monetary policy pass-through exists. After a monetary tightening the decrease in lending is lower for well-capitalized banks that are perceived as less risky by the market and are better able to raise uninsured deposits. Liquid banks can protect their loan portfolio against monetary tightening simply by drawing down cash and securities. The presence of internal capital markets in bank holding companies also contributes to insulate monetary shocks. Bank size is never relevant.
