I.   Introductory Provisions

Completion is the act or state of being of an object, or concept or formal instrument whereby it is full; or entire; or perfected; including every prescribed item or element, without omissions or deficiencies. Incomplete instruments or actions are known as Inchoate.

The word Completion comes from the Latin word compleo meaning “to fill up, or fill out; to make up; to finish; to satisfy; to fulfill”.  The word Inchoat comes from the Latin inchoat meaning "I begin or commence".

In respect of Completion and Inchoate:

(i) All valid Law defines the essential elements of a Cause or Form or Action, by which such Law may then be proven or disproven as valid; and

(ii) These essential elements may be defined as the “particulars” of a Cause or Form or Action, such that if one or more of these particulars are missing, the Cause or Form or Action may be defined as Incomplete or Inchoate; and

(iii) What constitutes an essential element or “particular” for a certain Cause or Form or Instrument may differ from the various types of Instruments and the customs, conventions of jurisdictions; and

(iv) The effect and procedures when dealing with an Incomplete or Inchoate Cause or Form or Instrument may also differ depending upon the jurisdiction, law form and type of Instrument in question. However, as a general rule, an incomplete Cause or Form or Action can never be considered complete, or perfected, or in full force and effect.

In respect of formal ecclesiastical, lawful and legal Instruments, there are four fundamental areas where such an Instrument may be deemed Inchoate (Incomplete) being Formation, Notification, Registration and Certification:

(i) Inchoate (Incomplete) Formation is when one or more of the particulars of the Instrument are not given, or are missing, or is in error (i.e. wrong form name, or naming of amount of money in words, or missing signature, or missing date); and

(ii) Inchoate (Incomplete) Notification is when a conditional or unconditional acceptance or acknowledgment or formal notification is not provided in return within a reasonable time; and

(iii) Inchoate (Incomplete) Registration is when an Instrument requiring to be registered in order to create a record (and person) is not registered as having existence in the jurisdiction in which the original Instrument was made, created and sent; and

(iv) Inchoate (Incomplete) Certification is when an Instrument requiring to be recorded and acknowledged (certified) has no certificate in the jurisdiction in which the original Instrument was made, created and sent.

The following are long standing Rights and principles in respect of Inchoate (Incomplete) Formation of Instruments that are deemed Bills of Exchange due to their association with claims, promises and demands for payments of money:

(i) Where a simple signature on a blank stamped paper stamped with an impress duty stamp is delivered by the signer in order that it may be converted into a bill, it operates as a prima facie authority to fill it up as a complete bill for any amount the stamp will cover, using the signature for that of the drawer or the acceptor or an indorser; and

(ii) And in like manner when a bill is wanting in any material particular, the person in possession of it has a prima facie authority to fill up the omission in any way he or she thinks fit; and

(iii) In order that any such instrument when completed may be enforceable against any person who became a party thereto prior to its completion, it must be filled up within a reasonable time, and strictly in accordance with the authority given. Reasonable time for this purpose is a question of fact. Provided that, if any such instrument after completion is negotiated to a holder in due course, it shall be valid and effectual for all purposes in his or her hands, and he or she may enforce it as if it had been filled up within a reasonable time and strictly in accordance with the authority given.