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Legal tender

From Wikipedia, the free encyclopedia
Medium of payment recognized by law
This article is about the payment medium. For the song, seeLegal Tender (song).

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Detail of the obverse of a Series 1950United States ten-dollar bill, showing the phrase "This note is legal tender for all debts, public and private, and is redeemable in lawful money at theUnited States Treasury, or at anyFederal Reserve Bank." This phrase was subsequently shortened in later issues to "This note is legal tender for all debts, public and private."

Legal tender is a form ofmoney thatcourts of law are required to recognize as satisfactory payment in court for any monetarydebt.[1] Eachjurisdiction determines what is legal tender, but essentially it is anything which, when offered ("tendered") in payment of a debt, extinguishes the debt. There is no obligation on the creditor to accept the tendered payment, but the act of tendering the payment in legal tender discharges the debt.

It is generally only mandatory to recognize the payment of legal tender in the discharge of a monetarydebt from a debtor to a creditor.[2] Sellers offering to enter into contractual relationship, such as acontract for the sale of goods, do not need to accept legal tender and may instead contractually require payment using electronic methods, foreign currencies or any other legally recognized object of value.[1][3][4][5]

Coins andbanknotes are usually defined as legal tender in many countries, but personalchecks,credit cards, and similar non-cash methods of payment are usually not. Some jurisdictions may include a specific foreign currency as legal tender, at times as its exclusive legal tender or concurrently with its domestic currency.

Etymology

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The termlegal tender is from Middle Frenchtendre (verb form), meaningto offer. TheLatin root istendere (to stretch out), and the sense oftender as anoffer is related to the etymology of the English wordextend (to hold outward).[6]

Withdrawal and replacement

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See also:Monetisation,Remonetisation,Withdrawal of low-denomination coins, andDeplatforming § Demonetization

Demonetization is the act of stripping a currency unit of its status as legal tender. It occurs whenever there is a change of national currency: the current form or forms of money is or are pulled from circulation and retired, often to be replaced with new notes or coins. Sometimes, a country completely replaces the old currency with new currency. The opposite of demonetization is remonetization, in which a form of payment is restored as legal tender. Coins and banknotes may cease to be legal tender if new notes of the samecurrency replace them or if a new currency is introduced replacing the former one.[7] Examples of this are:

  • During theNazi occupation of the Netherlands, 500- and 1000-guilder banknotes were demonetized, and after liberation, 100-guilder notes were also demonetized.Anne Frank inher diary entry on 19 March 1943 notes:[8][9][10]: 150 

    Thousand-guilder notes are being declared invalid. That'll be a blow to the black marketeers and others like them, but even more to people in hiding and anyone else with money that can't be accounted for. To turn in a thousand-guilder bill, you have to be able to state how you came by it and provide proof. They can still be used to pay taxes, but only until next week. The five-hundred notes will lapse at the same time. Gies & Co. still had some unaccounted-for thousand-guilder bills, which they used to pay their estimated taxes for the coming years, so everything seems to be above board.

    Piet Lieftinck's measure of demonetizing 100-guilder notes was aimed atwar profiteers.[10]: 150 
  • On 6 October 1944, therecently repatriated Belgian government demonetized banknotes greater than 100francs. People having 100 francs were allowed to exchange up to 2000 francs per household for new banknotes. Banks added withdrawal limits and current accounts were frozen.[10]: 191 
  • The Government of Ceylon passed thePrevention of the Avoidance of Income Tax Act on 26 October 1970, demonetized all currency notes of the denominations of Rupees 50 and 100, bearing a date prior to that of the demonetization.
  • The United Kingdom adopteddecimal currency in place ofpounds, shillings and pence in 1971. Banknotes remained unchanged (except for the replacement of the 10 shilling note by the 50 pence coin). In 1968 and 1969 decimal coins which had precise equivalent values in the old currency (5p, 10p, 50p – 1, 2, and 10 shillings respectively) were introduced, while decimal coins with no precise equivalent (½p, 1p, 2p – equal to 1.2d (old pence), 2.4d and 4.8d respectively) were introduced on 15 February 1971. The smallest and largest non-decimal circulating coins, the half penny and half crown, were withdrawn in 1969, and the other non-decimal coins with no precise equivalent in the new currency (1d, 3d) were withdrawn later in 1971. Non-decimal coins with precise decimal equivalents (6d ( = 2½p), 1 and 2 shillings) remained legal tender either until the coins no longer circulated (1980 in the case of the 6d), or the equivalent decimal coins were reduced in size in the early 1990s. TheLondon Underground coin-operated machines were used until the next generation appeared in the 1980s.[11] Old coins returned to the Royal Mint through the UK banking system will be redeemed by exchanging them for legal tender currency with no time limits; however, coins issued before 1947 have a higher value for their silver content than for their monetary value.[citation needed]
  • As part of their economic warfare operations during theAngolan Civil War, South African intelligence produced and disseminated counterfeit Angolan currency. In late 1980, counterfeit 100Kwanza notes began to appear inHuambo and spread to other large cities in the northwest. On February 4, 1981 at a commemoration of 20 years of struggle by theMPLA,Jose Eduardo dos Santos announced that the old notes would be withdrawn and exchanged with new notes. The old notes featured the previous president,Agostinho Neto, while the new notes showed him and dos Santos in profile, which became a standard feature on other designations.[12]
  • Thesuccessor states of theSoviet Union replacing theSoviet ruble in the 1990s.[citation needed]
  • Thesuccessor states ofYugoslavia replacing theYugoslav dinar in the 1990s and 2000s.
  • Currencies used in theEurozone which were replaced by theeuro were then not legal tender, but all banknotes and coins were redeemable for euros for a minimum of 10 years (for certain notes and coins, there is no time limit).[citation needed]
  • India demonetized its 500 and 1000 rupee notes on 8 November 2016. This action affected 86 per cent of all cash in circulation. The demonetization action was intended to curbcounterfeit notes andblack money, the hoarding of unaccounted cash, and sponsorship of terrorism, but also led to long queues frombank runs, leaving more than 30 people dead.[13] The old notes were replaced by new 500 and 2000 rupee notes.
  • The Philippines has ceased 2peso and 50 centavo coins of the Flora and Fauna Series in 2000, due to over minting of the coins of the BSP Series that has not included the 2 peso and 50 centavo coins of that series.

Individual coins or banknotes can be demonetized and cease to be legal tender (for example, the pre-decimal United Kingdomfarthing or the Bank of England 1 pound note), but theBank of England does redeem all Bank of England banknotes by exchanging them for legal tender currency at its counters in London (or by post) regardless of how old they are. Banknotes issued by retail banks in the UK (Scotland and Northern Ireland) are not legal tender, but one of the criteria for legal protection under the Forgery and Counterfeiting Act is that banknotes must be payable on demand, therefore withdrawn notes remain a liability of the issuing bank without any time limits.[citation needed]

In the case of the euro, coins and banknotes of former national currencies were in some cases considered legal tender from 1 January 1999 until various dates in 2002. Most countries continued to exchange pre-euro notes and coins for a period of time; as of 2025,Ireland,Germany,Austria,Belgium,Luxembourg, andthe Netherlands continue to exchange some or all of their coins and banknotes withdrawn in 2002. Legally, those coins and banknotes were considered non-decimal sub-divisions of the euro.[citation needed]

When the so-called"Swiss" dinar ceased to be legal tender inIraq, it still circulated in the northern Kurdish regions. Despite lacking government backing, it had a stable market value for more than a decade.[citation needed]

This is also true of the paper money issued by theConfederate States of America during theAmerican Civil War. TheConfederate currency became worthless by its own terms after the war, since it could only be redeemed a stated number of years after a peace treaty was signed between the Confederacy and the United States (which never happened, asthe Confederacy was defeated and dissolved).

DuringWorld War II the United States printed a series ofHawaii overprint notes as an emergency issue after the attack on Pearl Harbor. The intent of the overprints was to easily distinguish United States dollars captured by the Imperial Japanese Armed Forces in the event of an invasion of Hawaii (which never happened) and render the notes worthless via demonetization.[14]

Demonetization is currently prohibited in the United States, and theCoinage Act of 1965 applies to all US coins and currency regardless of age. The closest historical equivalent in the US, other than Confederate money, was from 1933 to 1974, when the government banned most private ownership ofgold bullion, including gold coins held for non-numismatic purposes. Now, however, even surviving pre-1933 gold coins are legal tender under the 1964 act.[citation needed]

Withdrawal from circulation

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Banknotes and coins may be withdrawn from circulation but remain legal tender. United States banknotes issued at any date remain legal tender even after they are withdrawn from circulation. Canadian 1- and 2-dollar bills remain legal tender even if they have been withdrawn and replaced by coins, but Canadian $1,000 bills remain legal tender even if they are removed from circulation as they arrive at a bank. However, Bank of England notes that are withdrawn from circulation generally cease to be legal tender but remain redeemable for current currency at the Bank of England itself or by post. All paper and polymer issues ofNew Zealand banknotes issued from 1967 onwards (and 1- and 2-dollar notes until 1993) are still legal tender; however, 1-, 2- and 5-cent coins are no longer used inNew Zealand.

Cashless society

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Main article:Cashless society

A cashless society is an economic state wherebyfinancial transactions are not conducted with money in the form of physicalbanknotes or coins. Cashless societies have existed, based onbarter and other methods of exchange. In modern usage, the term usually refers to financial transactions conducted by transfer of digital information (usually an electronic representation of money) between the transacting parties.[15]

Commemorative issues

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Sometimes currency issues such as commemorative coins or transfer bills may be issued that are not intended for public circulation but are nonetheless legal tender. An example of such currency isMaundy money. Some currency issuers, particularly the Scottish banks, issue special commemorative banknotes which are intended for ordinary circulation (though no Scottish banknotes nor notes from Northern Ireland are legal tender in the United Kingdom). As well, some standard coins are minted on higher-quality dies as uncirculated versions of the coin, for collectors to purchase at a premium; these coins are nevertheless legal tender. Some countries issue precious-metal coins which have a currency value indicated on them which is far below the value of the metal the coin contains: these coins are known asnon-circulating legal tender orNCLT.

Status by country

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Australia

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TheAustralian dollar, comprising notes and coins, is legal tender inAustralia. Australian notes are legal tender by virtue of theReserve Bank Act 1959 (Cth) s 36(1),[16] without an amount limit. TheCurrency Act 1965 (Cth)[17] similarly provides that Australian coins intended for general circulation are also legal tender, but only for the following amounts:

  • Not exceeding 20c if 1c and/or 2c coins are offered,
  • Not exceeding $5 if any of 5c, 10c, 20c and 50c coins are offered,
  • Not exceeding 10 times the face value if the coins offered are greater than 50c up to and including $10,
  • To any value for coins of other denominations above $10.[18]

The 1c and 2c coins werewithdrawn from circulation from February 1992 but remain legal tender.[3]

Although theReserve Bank Act 1959 and theCurrency Act 1965 establishes that Australian banknotes and coins have legal tender status, Australian banknotes and coins do not necessarily have to be used in transactions and refusal to accept payment in legal tender is not unlawful. A provider of goods or services is at liberty to set the commercial terms upon which payment will take place before the contract for supply of the goods or services is entered into. If a provider of goods or services specifies other means of payment prior to the contract, then there is usually no obligation for legal tender to be accepted as payment. This is the case even when an existing debt is involved. However, refusal to accept legal tender in payment of an existing debt, where no other means of payment/settlement has been specified in advance, conceivably could have consequences in legal proceedings.[3][19]

Australia Post prohibits the sending of coins or banknotes, of any country, except viaregistered post.[20]

History

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In 1901, notes in circulation inAustralia consisted of bank notes payable in gold coin and issued by the trading banks, and Queensland Treasury notes. Bank notes circulated in all states exceptQueensland, but were not legal tender except for a brief period in 1893 inNew South Wales. There were, however, some restrictions on their issue and other provisions for the protection of the public. Queensland Treasury notes were issued by the Queensland Government and were legal tender in that state. Notes of both categories continued in circulation until 1910, when theCommonwealth Parliament passed theAustralian Notes Act 1910 and theBank Notes Tax Act 1910. TheAustralian Notes Act 1910 prohibited the circulation of state notes as money, and theBank Notes Tax Act 1910 imposed a tax of 10%, per annum, on "all bank notes issued or re-issued by any bank in the Commonwealth after the commencement of this Act, and not redeemed".[21][22] These Acts effectively put an end to the issue of notes by the trading banks and the Queensland Treasury.The Reserve Bank Act 1959 expressly prohibits persons and states from issuing "a bill or note for the payment of money payable to bearer on demand and intended for circulation".[23]

Canada

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In general,Canadian dollar banknotes issued by theBank of Canada andcoins issued under the authority of theRoyal Canadian Mint Act are legal tender inCanada. However, commercial transactions may legally be settled in any manner agreed by the parties involved with the transactions. For example, convenience stores may refuse $100 bank notes if they feel that would put them at risk of beingcounterfeit victims; however, official policy suggests that the retailers should evaluate the impact of that approach. In the case that no mutually acceptable form of payment can be found for the tender, the parties involved should seek legal advice.[24]

Under theCurrency Act, there are limits to the value of a transaction for which only coins are used.[25] A payment in coins is a legal tender for no more than the following amounts for the following denominations of coins:

  1. $40 if the denomination is $2 to $10,
  2. $25 if the denomination is $1,
  3. $10 if the denomination is 10c to $1,
  4. $5 if the denomination is 5c, and
  5. 25c if the denomination is 1c.

In the case of coins of a denomination greater than $10, a payment is a legal tender for no more than the value of a single coin of that denomination. Where more than one amount is payable by one person to another on the same day under one or more obligations, the total of those amounts is deemed to be one amount due and payable on that day.

China

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In the People's Republic of China, the official currencyrenminbi serves as the unlimited legal tender for all transactions. It is illegal for any public institution or individual to refuse the currency when settling public or private debts.[26]

El Salvador

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In June 2021,El Salvador became the first country to acceptBitcoin as legal tender, after theLegislative Assembly had voted 62–22 to pass a bill submitted by PresidentNayib Bukele classifying thecryptocurrency as such.[27]

Eurozone

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Euro coins andbanknotes became legal tender in most countries of theEurozone on 1 January 2002. Although one side of the coins is used for different national marks for each country, all coins and all banknotes are legal tender throughout theeurozone. Although some eurozone countries do not put 1 cent and 2 cent coins into general circulation (prices in those countries are by general understanding alwaysrounded to whole multiples of 5 cent), 1 cent and 2 cent coins from other eurozone countries remain legal tender in those countries.

Council Regulation (EC) No 974/98 limits the number of coins that can be offered for payment to fifty.[28] Governments that issue the coins must establish the euro as the only legal tender. Due to variations on the legislative meaning of legal tender in various member states and the ability of contract law to overrule the status of legal tender, it is possible for merchants to choose to refuse to accept euro banknotes and coins within specific countries within the Eurozone. For example, the Netherlands, Italy, Belgium, Finland, and Ireland havede jure orde facto removed the use of 1 cent and 2 cent coins and adoptedcash rounding to the nearest multiple of 5 cents.[29] National laws may also impose restrictions as to maximal amounts that can be settled by coins or notes.

Kosovo andMontenegro, which are not members of the European Union and the Eurozone and do not have a formal monetary agreement with the EU, unilaterally adopted the euro in 2002 as theirde facto domestic currency to ensure monetary stability and to continue to avoid the high/hyper inflation seen in preceding decades: this means that the euro is not a legal tender there, however it is treated as such by the government and the people.

France

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Legal tender was enacted the first time for gold and silver coins in theFrench Penal Code of 1807 (art. 475, 11°). In 1870, legal tender was extended to all notes of theBanque de France. Anyone refusing such coins for their whole value would be prosecuted (French Penal Code art. R. 642–3).

Republic of Ireland

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See also:Coinage of the Republic of Ireland

According to theEconomic and Monetary Union Act 1998 of theRepublic of Ireland, which replaced the legal tender provisions that had been re-enacted in Irish legislation from previous British enactments, "No person, other than theCentral Bank of Ireland and such persons as may be designated by the Minister by order, shall be obliged to accept more than 50 coins denominated in euro or in cent in any single transaction."

History

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The Decimal Currency Act, 1970 governed legal tender prior to the adoption of the euro and laid down the analogous provisions as in United Kingdom legislation (all inherited from previousUK law), namely: coins denominated above 10 pence became legal tender for payment not exceeding £10, coins denominated not more than 10 pence became legal tender for payment not exceeding £5, and bronze coins became legal tender for payment not exceeding 20 pence.

Republic of India

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TheIndian rupee is thede facto legal tender currency inIndia. The Indian rupee is also legal tender inNepal andBhutan, but theNepalese rupee andBhutanese ngultrum are not legal tender in India. Both the Nepalese rupee and Bhutanese ngultrum are pegged with the Indian rupee.[30]

The Indian rupee used to be an official currency of several other countries, including theStraits Settlements (nowSingapore and parts ofMalaysia),Iraq,Kuwait,Bahrain,Qatar, theTrucial States (now theUAE),Oman,Aden Colony andAden Protectorate (now parts ofYemen),British Somaliland,British East Africa, andZanzibar.

In 1837, the Indian rupee was made the sole official currency of the Straits Settlements, as it was administered as a part of India. In 1845, the British replaced the Indian rupee with theStraits dollar after administration of the Straits Settlements separated from India earlier in that same year.

Indian rupees were stamped with Government of Pakistan to be used as legal tenders in the new state of Pakistan in 1947.

Afterpartition of India and Pakistan in 1947, thePakistani rupee came into existence, initially using Indian coins and Indian currency notes simply overstamped with the word "Pakistan". New coins and banknotes were issued in 1948.

TheGulf rupee, also known as the Persian Gulf rupee (XPGR), was introduced by theGovernment of India as a replacement for the Indian rupee for circulation exclusively outside the country with theReserve Bank of India Amendment Act of 1 May 1959. This creation of a separate currency was an attempt to reduce the strain put on India's foreign reserves by gold smuggling.

Kuwait and Bahrain eventually replaced the Gulf rupee with their own currencies (theKuwaiti dinar and theBahraini dinar) after gaining independence from Britain in 1961 and 1965, respectively.

On 6 June 1966, India devalued the rupee. To avoid following this devaluation, several of the states using the rupee adopted their own currencies. Qatar and most of the Trucial States adopted theQatar and Dubai riyal, whilst Abu Dhabi adopted theBahraini dinar. Only Oman continued to use the Gulf rupee until 1970, with the government backing the currency at its old peg to the pound. Oman later replaced the Gulf rupee with its ownrial in 1970.

On 8 November 2016,Prime MinisterNarendra Modi announced that existingINR 500 and INR 1000 banknotes would no longer be accepted as legal tender with a view to curb counterfeiting, tax evasion and theparallel economy.[31] TheReserve Bank of India outlined a scheme for holders of such banknotes to either deposit them into their bank accounts for full, unlimited value, or to exchange the banknotes for new, subject to a cap.[32]

New Zealand

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New Zealand has a complex history of legal tender. English law applied, as applicable to local circumstances, either from 6 January 1840 (whenthe Governor of New South Wales by proclamation annexed New Zealand) or from 14 January 1840 (when CaptainHobson (of the Royal Navy) was sworn in as Lieutenant-Governor of New Zealand). The English Laws Act 1858 subsequently confirmed that English legislation passed prior to 14 January 1840 was and had been the law of New Zealand, as applicable to local circumstances. The (UK) Coinage Act 1816 therefore applied and British coins were confirmed as legal tender inNew Zealand. (Unusually, until 1989, theReserve Bank, established in 1934, did not have the right to issue coins as legal tender. Coins had to be issued by theMinister of Finance.)

The history of bank notes in New Zealand was considerably more complex. In 1840 theUnion Bank of Australia started issuing bank notes under provisions of British law but these were not automatically legal tender.

In 1844, ordinances were passed by NZ Parliament making theUnion Bank banknotes legal tender and authorizing the government to issue debentures in small denominations, thus creating two sets of legal tender. These debentures were circulated but were traded at a discount to their face value because of distrust of the colonial government amongst the settler population. In 1845 the British Colonial office disallowed the Ordinance,[33] namely the Debentures Act 1844 (NZ), and the debentures were recalled,[33] not without first causing apanic among holders.

In 1847, theColonial Bank of Issue became the only issuer of legal tender. In 1856, however, theColonial Bank of Issue was disbanded; and through the Paper Currency Act 1856 the Union Bank was confirmed once again as an issuer of legal tender. The Act also authorized theOriental Bank to issue legal tender - but this bank ceased operations in 1861.

Between 1861 and 1874, a number of other banks including theBank of New Zealand, theBank of New South Wales, theNational Bank of New Zealand and theColonial Bank of New Zealand were created by Acts of Parliament and authorized to issue bank-notes backed by gold, however these notes were not legal tender.

The 1893 Bank Note Issue Act allowed the government to declare a bank's right to issue legal tender. This enabled the government to make such a declaration to assist theBank of New Zealand when in 1895 the bank encountered financial difficulties that could have led to its failure.

In 1914, the Banking Amendment Act gave legal-tender status to bank notes from any issuer and removed the requirement that banks authorized to issue bank notes must redeem them on demand for gold (thegold standard).

In 1933, the Coinage Act authorized a specific New Zealand coinage and removed legal-tender status from British coins. In the same year theReserve Bank of New Zealand was established. The bank was given a monopoly on the issue of legal tender. The Reserve Bank also provided a mechanism through which the other issuers of legal tender could phase out their bank notes. These banknotes were convertible into British legal tender on demand at the Reserve Bank and remained so until the 1938 Sterling Exchange Suspension Notice that suspended provisions of a 1936 amendment of the 1933 Reserve Bank of New Zealand Act.

In 1964, the Reserve Bank of New Zealand Act re-stated that only notes issued by the Reserve Bank were legal tender. The Act also ended the right of individuals to redeem their bank notes for coin, effectively ending the distinction between coin and notes in New Zealand. The Act came into force in 1967, establishing as legal tender allNew Zealand dollar five-dollar banknotes and greater, all decimal coins, the pre-decimal sixpence, theshilling, and theflorin. Also passed in 1964 was the Decimal Currency Act, which created the basis for a decimal currency, introduced in 1967.

As of 2005[update], banknotes were legal tender for all payments, and $1 and $2 coins were legal tender for payments up to $100, and 10c, 20c, and 50c silver coins were legal tender for payments up to $5. These older-style silver coins were legal tender until October 2006, after which only the new 10c, 20c and 50c coins, introduced in August 2006, remained legal.[33]

Norway

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TheNorwegian krone (NOK) is legal tender inNorway according to the Central Bank (Norwegian:Sentralbankloven) of 24 May 1985.[34] However, no-one is obliged to accept more than 25 coins of each denomination (of which currently 1, 5, 10 and 20 NOK denominations are in common circulation).

Singapore and Brunei

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Singapore andBrunei have a Currency Interchangeability Agreement since 12 June 1967. Under the agreement,Singapore dollar andBrunei dollar are exchangeable at par without charge in both countries. As such, the currency of one country is accepted in the other country as "customary tender".[35]

Switzerland and Liechtenstein

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Main article:Swiss franc

TheSwiss franc is the only legal tender inSwitzerland. Any payment consisting of up to 100 Swiss coins is legal tender; banknotes are legal tender for any amount.[36]

The sixth series of Swissbank notes from 1976, recalled by the National Bank in 2000 and the eighth series from the 1990s which was withdrawn in 2021, are both no longer legal tender, but banknotes from both series can be exchanged for current notes indefinitely at branches of the Swiss National Bank or at cantonal banks.

The Swiss franc is also the legal tender of the Principality ofLiechtenstein, which is in acustoms union with Switzerland.

The Swiss franc is also the currency used for administrative and accounting purposes by most of the numerous international organisations that are headquartered in Switzerland.

Taiwan

[edit]
Main article:New Taiwan dollar

TheNew Taiwan dollar issued by theCentral Bank of the Republic of China (Taiwan) is legal tender for all payments within the territory of theRepublic of China,Taiwan.[37] However, since 2007,[38] candidates to become civil servants inelections in the Republic of China may no longer pay anydeposit in coinage.[39]

Thailand

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Main article:History of Thai money

Series 2 banknotes first issued in 1925 during the reign ofRama VI and continuing into the reign ofRama VII added the legend:

Thai:สัญญาจะจ่ายเงินให้แก่ผู้นำบัตรนี้มาขึ้นเป็นเงินตราสยาม

Promise to pay (silver to)bearer on demand in (silver)currency of Siam;

later changed in 1928 to be in line with The Currency Act, B.E. 2471[40] to:

ธนบัตรเป็นเงินที่ชำระหนี้ได้ตามกฎหมาย

This note is legal tender (literal translation,silver in payment of debt)according to law.

The front has aguilloche design with twelve rays, and the back, depictions of theRoyal Ploughing Ceremony. These were printed in 6 denominations – 1, 5, 10, 20,100 and 1000 baht – in two types printed byDe La Rue of London, England.[41]

United Kingdom

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In the UK legal tender specifically relates to the settlement ofdebts: a debtor cannot successfully be sued for non-payment if they pay the exact amount (change cannot be demanded) into court in legal tender.

Legal tender is solely for the guaranteed settlement of debts, and does not imply a right to pay with cash in other contexts.[1] There is a misconception that somebody due to be paid a certain amount of money—such as a shopkeeper—must accept legal tender if proffered for payment;[42] in reality the payee may choose to refuse or accept any specific type of payment, whether legal tender or not.[43] As a specific instance, following the outbreak in 2020 of theCOVID-19 pandemic, many shops chose not to accept any form of cash due to the risk of infection, acceptingpayment cards only.[44]

Throughout the United Kingdom,Royal Mint coins valued£1,£2, and£5sterling are legal tender in unlimited amounts.Twenty pence pieces andfifty pence pieces are legal tender in amounts up to £10;five pence pieces andten pence pieces are legal tender in amounts up to £5; andpennies andtwo pence coins are legal tender in amounts up to 20 pence.[1] In accordance with the Coinage Act 1971,[45]gold sovereigns are also legal tender for any amount. Although it is not specifically mentioned on them, the face values of gold coins are 50p, £1, £2 and £5, a mere fraction of their worth as bullion. Five pound coins, although legal tender, are intended as souvenirs and are almost never seen in circulation.

CurrentBank of England notes are legal tender in England and Wales and are issued in the denominations of £5, £10, £20 and £50. Banknotes can always be redeemed at the Bank of England even if discontinued.

To meet the legal definition of legal tender, the exact amount due must be tendered; no change can be demanded.[43]

Maundy money is legal tender but may not be accepted by retailers and is worth much more than face value due to its rarity value and silver content.

In a 1976 case,Miliangos v George Frank Ltd, theHouse of Lords established that theEnglish courts could order debts to be paid in currencies other than sterling under certain circumstances, overturning two centuries of precedent.

Scotland and Northern Ireland

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Royal Mint coins are legal tender in Scotland and Northern Ireland, but no banknotes are.[42]Scottish andNorthern Irish banknotes are widely accepted but are not legal tender anywhere in the UK.[46]

History

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In the 19th century, gold coins were legal tender to any amount, but silver coins were not legal tender for sums over £2 nor bronze for sums over 1shilling. This provision was retained in revised form at the introduction ofdecimal currency, and theCoinage Act 1971 laid down that coins denominated above 10 pence became legal tender for payment not exceeding 10 pounds, non-bronze coins denominated not more than 10 pence became legal tender for payment not exceeding 5 pounds, and bronze coins became legal tender for payment not exceeding 20 pence.

United States

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Before theAmerican Civil War (1861–1865), silver coins were legal tender only up to the sum of $5. Before 1853, when U.S. silver coins were reduced in weight 7%, coins had exactly their value in metal (from 1830 to 1852). Two silver 50 cent coins had exactly $1 worth of silver. A gold U.S. dollar of 1849 had $1 worth of gold. With the flood of gold coming out of the California mines in the early 1850s, the price of silver rose (gold went down). Thus, 50 cent coins of 1840 to 1852 were worth 53 cents if melted down. The government could increase the value of the gold coins (expensive) or reduce the size of all U.S. silver coins. With the reduction of 1853, a 50-cent coin now had only 48 cents of silver. This is the reason for the $5 limit of silver coins as legal tender; paying somebody $100 in the new silver coins would be giving them $96 worth of silver. Most people preferred bank check or gold coins for large purchases.[citation needed]

During the early part of the war, the federal government first issued United States Notes (inheriting the nicknamegreenback notes from the contemporary newDemand Notes), which were not redeemable in gold and silver coins but could be used to pay "all dues" to the federal government. Since land purchases and duties on imports were payable only in gold or the newDemand Notes, the Demand Notes were bought by importers and land speculators for about 97 cents on the gold dollar and never lost value. 1862 greenbacks (Legal Tender Notes) at first traded for 97 cents on the dollar but gained/lost value depending on fortunes of the Union army. The value of Legal Tender Greenbacks swung wildly but trading was from 85 to 33 cents on the gold dollar.[citation needed]

This resulted in a situation in which the greenback "Legal Tender" notes of 1862 werefiat, and so gold and silver were held, and paper circulated at a discount because ofGresham's law. The 1861 Demand Notes were a huge success but robbed the customs house of much needed gold coin (interest on most bonds back then was paid in gold). A money-strapped Congress, which had to pay for the war, eventually adopted theLegal Tender Act of 1862, issuingUnited States Notes backed only by treasury securities and compelled the people to accept the new notes at a discount; prices rose except for those who had gold and/or silver coins.[citation needed]

Following the Civil War, paper currency was disputed as to whether it must be accepted as payment. In 1869, Hepburn v. Griswold found that Henry Griswold would not have to accept paper currency because it could not truly be "legal tender" and was unconstitutional as a legally enforceable means to pay debts. This led to theLegal Tender Cases in 1870, which overturned the previous ruling and established the paper currency as constitutional and proper legal tender that must be accepted in all situations.[47]

With the 1884 Supreme Court ruling inJuilliard v. Greenman, the "Supreme Court ruled that Congress had the right to issue notes to be legal tender for the payment of public and private debt. Legal-tender notes are treasury notes or banknotes that, in the eyes of the law, must be accepted in the payment of debts."[48] The ruling in the Legal Tender Cases (which includeJuilliard v. Greenman) led later courts to "support the federal government's invalidation of gold clauses in private contracts in the 1930s."[49][unreliable source?]

On the other hand, coins made of gold or silver may not necessarily be legal tender, if they are not fiat money in the jurisdiction where they are proffered as payment. TheCoinage Act of 1965 states (in part):

United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes and dues. Foreign gold or silver coins are not legal tender for debts.

— 31 U.S.C. § 5103

Contrary tocommon misconception,[50] there is no federal law stating that a private business, a person, or a government organization must accept currency or coins for payment. Private businesses are free to create their own policies on whether they accept cash, unless there is a specific state law which says otherwise. For example, a bus line may prohibit payment of fares in cents or dollar bills. In addition, movie theaters, convenience stores, and gas stations may refuse to accept large denomination currency as a matter of policy or safety.[51]

The principal purpose of that statute is to ensure the nationwide acceptance of U.S. currency, consistent with constitutional language that reserves to Congress the power to create a uniform currency that holds the same value throughout the United States. While the statute provides that U.S. money is legal tender that may be accepted for the payment of debts, it does not requireacceptance of cash payments, nor does it provide that restrictions cannot be imposed upon the acceptance of cash.[52]

Venezuela

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Main article:2013–present economic crisis in Venezuela
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On 11 December 2016,Venezuela's government announced demonetisation following almost 500% inflation in the country. People of the country were given 3 days to get rid of the 100 Bolivar notes (most widely used currency) post the introduction of new note of higher denominations. As of 15 June 2017, there has been 7 extensions (one per month) of the legal use of the 100 bolivares bill notes. The 100 Bolivar notes were still legal tender as of 30 December 2017.[citation needed]

Zimbabwe

[edit]

Zimbabwe has a multi-currency system that recognizes theZimbabwean ZiG, the US dollar and the gold (Mosi-oa-Tunya (coin)) as legal tender.[53] TheReserve Bank of Zimbabwe is also issuing the ZiG, a digital token backed by gold, which has also been granted legal tender status.[54][55]

See also

[edit]

Notes

[edit]
  1. ^abcd"Legal Tender Guidelines". Royal Mint.Archived from the original on 2 March 2012. Retrieved2 July 2022.
  2. ^Paul M. Horvitz,Monetary Policy and the Financial System, p. 14, Prentice-Hall, 3rd ed. (1974).
  3. ^abc"Legal Tender".Reserve Bank of Australia.Archived from the original on 13 December 2014. Retrieved30 April 2024.
  4. ^"The euro as legal tender".European Commission. Retrieved30 April 2024.
  5. ^"legal tender".Legal Information Institute.Cornell Law School. June 2020.Archived from the original on 6 April 2024.
  6. ^"Tender Definition & Meaning" in Merriam-Webster.Archived 24 April 2009 at theWayback Machine. Retrieved 13 July 2009.
  7. ^Cross, Bill (2012).Dollar Default: How the Federal Reserve and the Government Betrayed Your Trust. CreateSpace Independent Publishing Platform. pp. 15–16.ISBN 9781475261080.
  8. ^Frank, Anne, 1929-1945. (2003).The diary of Anne Frank. Barnouw, David,, Stroom, Gerrold van der,, Paape, A. H. (Abraham Harry), 1925-2001,, Hardy, H. J. J.,, Pomerans, Arnold,, Mooyaart-Doubleday, B. M. (The revised critical ed.). New York.ISBN 0-385-50847-6.OCLC 51866807.{{cite book}}: CS1 maint: location missing publisher (link) CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  9. ^"Anne Frank The Diary Of A Young Girl : Free Download, Borrow, and Streaming".Internet Archive. Retrieved26 August 2020.
  10. ^abcScherner, Jonas; White, Eugene Nelson, eds. (21 March 2016).Paying for Hitler's war : the consequences of Nazi hegemony for Europe. New York, NY: Cambridge University Press.doi:10.1017/CBO9781107279131.ISBN 978-1-107-04970-3.OCLC 936255867.
  11. ^Green, Oliver (24 October 2023).London's Underground: The Story of the Tube. Frances Lincoln.ISBN 978-0-7112-8905-5.
  12. ^Weir, Andy (August 1981)."Economic Destabilization: The Counterfeit Kwanzas"(PDF).Covert Action Information Bulletin (13): 21.
  13. ^"Demonetisation: 33 deaths since government scrapped Rs 500, Rs 1000 notes".indianexpress.com. 16 November 2016.Archived from the original on 30 December 2017. Retrieved27 March 2018.
  14. ^Friedberg, Arthur L. & Ira S. (2008)The Official Red Book. A Guide Book Of United States Paper Money: Complete Source for History, Grading, and Prices (Second Edition) Whitman PublishingISBN 0-7948-2362-9, pg. 20
  15. ^Chakravorti, Bhaskar; Mazzotta, Benjamin D. (September 2013)."THE COST OF CASH IN THE UNITED STATES"(PDF). Institute for Business in the Global Context, The Fletcher School, Tufts University. p. 9.Archived(PDF) from the original on 1 December 2016.
  16. ^"Reserve Bank Act 1959, s.36(1)". 14 April 2015.Archived from the original on 16 June 2019. Retrieved13 June 2019.
  17. ^"Currency Act 1965, s.16". 21 October 2016.Archived from the original on 9 May 2019. Retrieved13 June 2019.
  18. ^CURRENCY ACT 1965Archived 12 March 2011 at theWayback Machine
  19. ^"Reserve Bank of Australia – Home Page". Rba.gov.au.Archived from the original on 2 May 2010. Retrieved3 May 2010.
  20. ^"Dangerous and prohibited goods and packaging guide"Archived 28 March 2015 at theWayback Machine, 'Australia Post', Accessed: 31 July 2015
  21. ^"Bank Notes Tax Act 1910". Commonwealth of Australia. 10 October 1910.Archived from the original on 27 November 2014. Retrieved14 November 2014.
  22. ^"The Australian Note Issue". Commonwealth of Australia.Archived from the original on 25 December 2014. Retrieved14 November 2014.
  23. ^"Reserve Bank Act 1959, s.43, 44". 14 April 2015.Archived from the original on 16 June 2019. Retrieved13 June 2019.
  24. ^"Currency Counterfeiting – Frequently Asked Questions". Rcmp-grc.gc.ca. 10 July 2006.Archived from the original on 22 March 2010. Retrieved3 May 2010.
  25. ^"Canada's currency act".Archived from the original on 16 June 2011. Retrieved8 July 2011.
  26. ^"中华人民共和国人民币管理条例".www.pbc.gov.cn.Archived from the original on 23 December 2015. Retrieved13 February 2016.
  27. ^"Bitcoin legal tender in El Salvador, first country ever".Mercopress. 10 June 2021.Archived from the original on 17 February 2023. Retrieved11 June 2021.
  28. ^"Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro"(PDF).Official Journal of the European Communities.41 (L 139):1–5. 11 May 1998.ISSN 0378-6978.OCLC 104948742.Archived from the original on 30 September 2012. Retrieved3 June 2009.
  29. ^Report of the Euro legal tender expert group (ELTEG)(PDF) (Report). European Commission. n.d.Archived(PDF) from the original on 16 December 2011.
  30. ^"Area handbook Series/ Bhutan (Nepal and Bhutan) / Glossary". Country-data.com.Archived from the original on 9 September 2009. Retrieved3 May 2010.
  31. ^Trivedi, Sudhanshu (6 June 2017)."The reputation of India as a soft state is over".The Indian Express.Archived from the original on 23 June 2017.
  32. ^"EXTRAORDINARY PART II—Section 3—Sub-section (ii)"(PDF).The Gazette of India (2652). New Delhi:3–4. 8 November 2016. Archived fromthe original(PDF) on 9 November 2016.
  33. ^abc"Reserve Bank of New Zealand: Bulletin Vol. 66 No. 1"(PDF). Archived fromthe original(PDF) on 15 May 2010. Retrieved3 May 2010.
  34. ^"Law regarding Norges Bank and monetary issues of 1985-05-24 no. 28, §14 (in Norwegian)".
  35. ^"Currency Interchangeability Agreement – Brunei Notes and Coins".Monetary Authority of Singapore. Archived fromthe original on 27 July 2014. Retrieved24 November 2014.
  36. ^Art. 3 of the Swiss law on Monetary Unit and means of payment.GermanArchived 28 October 2005 at theWayback Machine,FrenchArchived 28 December 2005 at theWayback Machine andItalianArchived 28 December 2005 at theWayback Machine versions.
  37. ^Article 13 of The Central Bank of the Republic of China (Taiwan) ActArchived 28 September 2018 at theWayback Machine.
  38. ^Legislative History of the Civil Servants Election And Recall ActArchived 3 May 2020 at theWayback Machine, the 21st version: "The full text of 134 Articles amended and promulgated by President Order Hua-Tsung (1) Yi-Tzu No. 09500075641 on November 7, 2007 and enforced accordingly".
  39. ^Article 32 of the Civil Servants Election And Recall Act.
  40. ^พระราชบัญญัติเงินตราพุทธศักราช ๒๔๗๑(PDF) (in Thai). ราชกิจจานุเบกษา เล่ม ๔๕ หน้าที่ ๒๕ – ๓๙ วันที่ ๑๕ เมษายน พ.ศ. ๒๔๗๑. Archived fromthe original(PDF) on 24 February 2013. Retrieved12 September 2012.
  41. ^"Banknotes, Series 2".Banknotes > History and Series of Banknotes >.Bank of Thailand. 23 February 2012. Archived fromthe original on 30 December 2017.The design was printed on both sides....
  42. ^ab"What is legal tender?".Bank of England. 30 January 2020.Archived from the original on 9 April 2019. Retrieved1 December 2020.
  43. ^ab"What are the legal tender amounts acceptable for UK coins?".The Royal Mint.Archived from the original on 3 August 2020. Retrieved9 April 2020.
  44. ^Shah, Furvah (10 September 2021)."Shops refusing to take cash even as Covid restrictions lift, watchdog finds".The Independent.Archived from the original on 16 February 2023. Retrieved16 February 2023.
  45. ^"Coinage Act 1971 c. 24 (as amended)".Legislation.gov.uk. HM Stationery Office. Retrieved19 May 2024.
  46. ^CSCB."Legal Position".www.scotbanks.org.uk.Archived from the original on 30 November 2020. Retrieved1 December 2020.
  47. ^Hammond, Bray.Banks and Politics in America. Princeton: Princeton University Press, 1991. pp. 108–109
  48. ^Allen, Larry.The Encyclopedia of Money. Santa Barbara: ABC CLIO, 2009. pp. 250–251
  49. ^Zywicki, Todd. "Article I, Section 8" inThe Heritage Guide to the Constitution. Regnery Publishing, 2014. p. 147
  50. ^Lewis, Nathan (18 April 2017)."What Is A 'Legal Tender Law'? And, Is It A Problem?".Forbes. Archived from the original on 25 June 2018. Retrieved4 June 2018.{{cite news}}: CS1 maint: bot: original URL status unknown (link)
  51. ^"Is it legal for a business in the United States to refuse cash as a form of payment?".Federal Reserve Board. 2020-07-21.Archived from the original on 2025-05-04. Retrieved2025-05-19.
  52. ^"Is it Legal to Refuse Cash Payment".Federal Reserve.Archived from the original on 21 January 2017. Retrieved25 November 2022.
  53. ^"GOVT EXTENDS MULTI CURRENCY SYSTEM TO 2030". NewsdzeZimbabwe. 27 October 2023.Archived from the original on 28 October 2023. Retrieved9 November 2023.
  54. ^"ISSUANCE AND USAGE OF GOLD-BACKED DIGITAL TOKENS"(PDF).Reserve Bank of Zimbabwe. 28 April 2023.Archived(PDF) from the original on 10 June 2023. Retrieved9 November 2023.
  55. ^"INTRODUCTION OF THE ZIMBABWE GOLD-BACKED DIGITAL TOKEN (ZiG) AS A MEANS OF PAYMENT"(PDF).Reserve Bank of Zimbabwe. 5 October 2023.Archived(PDF) from the original on 10 October 2023. Retrieved9 November 2023.

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