How to punish the Bank of China for issuing a bad check for the first time

1. In fact, the issuance of cheques is clearly stipulated in the law. Article 88 of China's Negotiable Instruments Law stipulates that "the amount of the cheque issued by the drawer of the cheque shall not exceed the amount actually deposited with the payer at the time of payment."

If the amount of the cheque issued by the drawer exceeds the amount actually deposited with the payer at the time of payment, it is a blank cheque. Dishonored checks are prohibited. ”

2. Accepted the dishonored check handling method:

1. If you find something wrong when handing over the bills, you should be blunt and strive for it on the basis of reason, so as to correct it immediately. Of course, under the premise of taking the overall situation and taking effective measures to prevent risks, there is no need to choke on food.

2. Except for the obvious defects in the cheque issued by the drawer, the cheque issued by the drawer may be accepted after weighing the pros and cons and the actual date of issuance, but the written materials should be formed by ensuring that the circumstances that may cause the occurrence, change or termination of the civil legal relationship are taken into account.

3. When the check is returned or rejected due to some unforeseen circumstances, there is no need to be nervous, you can seek advice from professionals at the first time, and take effective measures through various channels such as civil, administrative, and formal to avoid or recover economic losses, protect your legitimate rights and interests, and sanction illegal and criminal acts.

Our account is opened in the Industrial and Commercial Bank of China, but I just can't withdraw money from your bad check in the bank, and the bank will definitely punish you.

The fines, very heavy. The penalties for bad checks are now severe.

If you are on the blacklist, then your company will only be able to trade in cash in the future.

Categories: Business Banking >> Finance & Tax.

Problem description: How will the bank be fined if a bad check is issued?

Analysis: If a bad check is issued, the bank shall return the cheque and have the right to impose a fine of 5% of the face value but not less than 1,000 yuan on the drawer. For repeated occurrences, the bank should revoke its right to issue cheques. The bearer has the right to claim compensation of 2% of the face value.

Article 31 of the Measures for the Implementation of the Administration of Bills stipulates that if a bad check is issued or a check inconsistent with the signature and seal reserved by the person is issued, and the purpose is not to obtain property by fraud, the People's Bank of China shall impose a fine of 5% of the face amount but not less than 1,000 yuan; The bearer has the right to claim compensation from the drawer for 2% of the amount of the cheque.

Article 32.

If the staff of a financial institution neglects their duties in the negotiable instrument business and accepts, pays, guarantees or discounts the negotiable instruments in violation of the Negotiable Instruments Law and these Measures, the directly responsible person in charge and other directly responsible personnel shall be given a warning, demerit, dismissal or dismissal; Where major losses are caused and a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 33.

If the payer of the bill deliberately suppresses the bill or delays the payment of the bill that is paid immediately or due, the People's Bank of China shall impose a fine of the amount of the daily bill during the period of pressing the bill or delaying payment; The directly responsible managers and other directly responsible personnel are to be given sanctions, such as warnings, demerits, dismissal, or dismissal.

Article 34.

Anyone who violates the regulations of the People's Bank of China by printing bills without authorization shall be ordered by the People's Bank of China to make corrections and imposed a fine of not less than 10,000 yuan but not more than 200,000 yuan; If the circumstances are serious, the People's Bank of China has the right to request the relevant departments to revoke their business licenses.

Legal analysis: Issuing a bad check is punishable by up to 5 years imprisonment or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; where the amount is huge or there are other serious circumstances, the sentence is between 5 and 10 years imprisonment, and a concurrent fine of between 50,000 and 500,000 RMB; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given.

Legal basis: Article 194 of the Criminal Law of the People's Republic of China provides for this crime of financial fraud a sentence of up to 5 years imprisonment or short-term detention and a concurrent fine of not less than 20,000 yuan but not more than 200,000 yuan; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; Where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given.

Penalties are imposed in accordance with the following provisions: The Negotiable Instruments Law of the People's Republic of China stipulates that the amount of cheques issued by the drawer of cheques shall not exceed the amount of deposits it has with the payer, that is, no blank cheques shall be issued. Those who issue dishonored checks to defraud property should be investigated for criminal responsibility in accordance with the law.

If the act of issuing a bad check to obtain property by fraud is minor and does not constitute a crime, the Negotiable Instruments Law stipulates that administrative punishment shall be imposed in accordance with the relevant provisions of the state. Article 31 of the "Implementation Measures for the Administration of Bills" stipulates that "anyone who issues a bad check or a check that does not match the signature and seal reserved by the person is not for the purpose of obtaining property by fraud, the People's Bank of China shall impose a fine of 5 yuan but not less than 1,000 yuan on the face value." The People's Bank of China and its branches shall impose penalties on the drawers of bad cheques in accordance with the above provisions.

The bearer has the right to claim 2% compensation from the drawer for the cheque.

Article 31 of the Measures for the Implementation of the Administration of Bills Whoever issues a bad check or a check inconsistent with the signature and seal reserved by the People's Bank of China shall impose a fine of 5% of the face value but not less than 1,000 yuan; The bearer has the right to claim compensation from the drawer for 2% of the amount of the cheque. "Measures for the Implementation of the Administration of Bills" Article 12 The staff of financial institutions are derelict in their duties in the bill business, and the bills in violation of the Negotiable Instruments Law and the provisions of these Measures shall be accepted, paid, guaranteed or discounted, and the directly responsible managers and other directly responsible personnel shall be given warnings, demerits, dismissals or dismissals; Where major losses are caused and a crime is constituted, criminal responsibility is pursued in accordance with law.

1. Article 31 of the "Implementation Measures for the Administration of Bills" stipulates: "Anyone who issues a bad cheque or a cheque that does not conform to the signature and seal reserved by the cheque is not for the purpose of obtaining money by fraud, the People's Bank of China shall impose a fine of 5% of the face value but not less than 1,000 yuan, and the bearer shall have the right to demand compensation from the drawer for 2% of the amount of the cheque." "2. If the drawer is not able to fulfill the payment obligation at all, and the purpose of issuing the blank check is to defraud the property, the bearer may report to the public security organ and request that the drawer be investigated for criminal liability for bill fraud.

Legal basis: In accordance with the provisions of Articles 194 and 200 of the Criminal Law and Article 5 of the Supreme People's Court's "Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases", the issuing company constitutes the crime of financial instrument fraud, and may be fined, and the direct manager and other directly responsible personnel of the drawer shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention.