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After filling in the bank acceptance draft, the cashier of the payment unit shall check the relevant contents of the bill of exchange with the transaction contract, fill in the "bank acceptance agreement" after verification, and stamp the official seal of the unit at the "acceptance applicant". The bank acceptance agreement is in triplicate, and its content is mainly the basic content of the bill of exchange, and the basic terms that the applicant should abide by after the bill of exchange is accepted by the bank. After filling out the banker's acceptance agreement, the relevant personnel should be in the first section of the banker's acceptance draft.
1. In the second copy, the seal of the reserved bank shall be stamped at the place of "acceptance applicant's seal", and then the first, second and third copies of the bank acceptance bill shall be sent to the credit department of the opening bank for acceptance together with the first, second and third copies of the transaction contract and the bank acceptance agreement. The credit department of the bank shall examine the acceptance application in accordance with the relevant policies and regulations, focusing on whether the credit of the payment unit is reliable, and whether the commodity transaction and commercial credit on which the bill of exchange is based comply with the regulations. After the examination meets the requirements, the bank shall sign the "Bank Acceptance Agreement" with the payment unit after approval according to the relevant examination and approval authority, and seal the "Acceptance Bank" on the "Bank Acceptance Agreement", and retain the first copy of the "Bank Acceptance Agreement" with the bank credit department, and return the rest to the payment unit.
The paying unit shall hold the first, second and third copies of the bank acceptance draft returned by the bank credit department and the second and third copies of the bank acceptance agreement to the accounting department of the depositary bank for relevant procedures. After the audit of the bank accounting department, the acceptance agreement number is indicated on the first, second and third copies of the bank acceptance bill, and the special seal of the bank draft is stamped at the place of the "acceptance bank seal" of the second bill, and the amount of the bill of exchange is embossed at the lower end of the lowercase amount of the "bill of exchange amount" column with the number press machine uniformly customized by the head office, leaving the first copy (card) of the bank acceptance bill and the third copy (copy) of the acceptance agreement for future reference, and the rest will be returned to the payment unit. The payment unit shall hand over the second and third copies of the bank acceptance draft and the second copy of the bank acceptance agreement returned by the bank's accounting department to the financial department for safekeeping.
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The steps to cash out when the bank acceptance is due are as follows:
1. The acceptance bill is generally sent to the opening bank for collection one week in advance (about 10 days in advance in remote areas).
2. If you are an individual (of course, the general acceptance is a legal person to a legal person) you can only find an intermediary.
3. Bring the acceptance draft, official seal, and reserved seal to the bank to fill in the collection and acceptance.
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1. Bank drafts can be used for transfers, and bank drafts with the word cash can also be used to withdraw cash. The payment term for bank drafts is within 1 month from the date of issue. If the payment is not made after the payment deadline, the bearer shall explain to the issuing bank within the limitation period of the right to the instrument, and provide his identity document or unit certificate, and request payment from the issuing bank with the bank draft and the notice of settlement.
2. When paying the purchase price and other payments, the bank draft application form should be filled in to the issuing bank, indicating the name of the payee, the amount to be paid, the applicant, the date of application and other matters, and the signature and seal shall be reserved for the seal of the bank reserved. The bank accepts the application for a bank draft, issues a bank draft after receiving the payment, prints the amount of the draft with a number press, and then submits the bank draft and the settlement notice to the remitter.
3. After the applicant obtains the bank draft, he can settle with the bank draft to the specified collection unit. The payee of a bank draft can transfer the endorsement of the bank draft to another person. The endorsement transfer shall not exceed the actual settlement amount of the invoice amount, and the bank draft shall not be endorsed for the bank draft that does not fill in the actual settlement amount or the actual settlement amount exceeds the invoice amount.
4. When receiving the bank draft sent by the payment unit, the small enterprise receiving the payment should be settled within the amount of the bill, according to the actual need for the payment, and the actual settlement amount and the excess amount shall be accurately and clearly filled in the relevant columns of the bank draft and the settlement notice, and the actual settlement amount of the bank draft shall be lower than the amount of the bill, and the excess amount shall be returned to the applicant by the issuing bank. The collection of commodity circulation enterprises should also fill in the bill and on the back of the bill of exchange holder to the bank to prompt the payment signature of the signature, the signature should be the same as the seal of the reserved bank, and then, the bank draft and the notice of settlement, the bill of entry together with the opening bank for settlement, the bank after the bank audit, the transfer.
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Bring the original of the bank acceptance draft, the collection with the Suiqiao certificate, together with the opening bank, to the counter to request payment, the opening bank will send the information to the drawer's opening bank after acceptance, after the audit is correct, generally 5-7 working days can be received.
According to the People's Bank of China Payment and Settlement Measures
87th commercial draft payment term, the longest shall not exceed 6 months.
The payment term of the bill of exchange for fixed payment is calculated from the date of issuance, and the specific maturity date is recorded on the bill.
The payment term of the bill of exchange for periodic payment after the issuance of the bill of exchange shall be calculated on a monthly basis from the date of issuance and shall be recorded on the bill of exchange.
The payment term of the bill of exchange for regular payment after the sight of the bill shall be calculated on a monthly basis from the date of acceptance or rejection of acceptance, and shall be recorded on the bill of exchange.
88th commercial draft prompt payment term, from the due date of the bill of exchange 10 days.
The bearer shall, within the prompt payment period, entrust the bank to collect money or directly to the payer to prompt payment. For the collection of money entrusted in different places, the bearer can calculate the mail, and entrust the collection through the opening bank in advance. If the bearer exceeds the prompt payment deadline, the holder's bank will not accept it.
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The acceptance process after the expiration of the bank electronic draft is as follows:
1. The payer shall accept or refuse to accept the bill of exchange within 3 days from the date of receipt of the bill of exchange that is prompted for acceptance. When the payer receives the prompt acceptance bill, it shall also issue a receipt of receipt to the bearer. The receipt shall indicate the date of acceptance of the bill of exchange and sign it.
2. Items recorded in acceptance. If the payer accepts the bill of exchange, it shall record the word "acceptance" and the date of acceptance on the front of the bill of exchange and sign it; Bills of exchange that are paid on a regular basis after seeing the bills shall be paid on a regular basis at the time of acceptance. If the acceptance date is not recorded on the bill, the acceptance date shall be the third day from the date on which the payer receives the reminder acceptance bill.
3. The payer's acceptance bill shall not be conditional, and if the acceptance is conditional, it shall be deemed to be a refusal to accept.
The electronic bank acceptance bill adopts electronic signature and reliable security authentication mechanism through the cracked travel, which can ensure its uniqueness, integrity and security, and reduce the risks of cloning, alteration, forgery, loss and damage of the bill.
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1. Application. The applicant needs to prepare the unexpired and legally valid bills of exchange, copies of ID cards, discount business applications and other documents and materials, and submit an application for acceptance to the bank;
2. Approval. The bank's staff needs to review the relevant materials after accepting them;
3. Endorsement transfer. After the approval of the bank, the applicant needs to go through the procedures such as endorsement and transfer on the commercial draft;
4. Use of funds. After deducting the discount interest, the bank will transfer the corresponding funds to the applicant's deposit account, and the applicant can use the discount proceeds. If the paying unit has the money to pay the bill in full, the receiving unit shall cancel the bill receivable in the memorandum book after receiving the bill from the discounting bank.
When the payment unit is unable to pay the due commercial acceptance bill, the discounter will return the commercial acceptance bill to the discounting unit, and issue a special transfer summons, and indicate in the "transfer reason" that "the XX bill has not been received, and the discounted money has been collected from your account", and directly transfer the discounted bill from the bank account of the discounting unit.
If the deposit in the account of the discounting unit is also insufficient, the discounting bank will convert the discounted bill into an overdue loan, return the commercial acceptance bill, and issue a special transfer summons, and indicate the words "discounted to overdue loan" in the column of "reason for transfer", and the discounting unit will prepare the transfer voucher accordingly.
Legal basisNegotiable Instruments Law
Article 4 negotiable acts, negotiable rights and negotiable liabilities.
The drawer of the bill shall sign and seal the bill in accordance with the statutory conditions, and bear the responsibility for the bill in accordance with the matters recorded. The holder of the right to exercise the instrument, shall be in accordance with the legal procedures on the instrument to sign and seal, and present the instrument. If the debtor of other negotiable instruments signs and seals the negotiable instrument, it shall bear the liability for the negotiable instrument in accordance with the matters recorded in the negotiable instrument.
The right to pay the instrument as used in this Law refers to the right of the holder to request payment of the amount of the instrument from the debtor of the instrument, including the right to request payment and the right of recourse. The term "negotiable instrument liability" in this law refers to the obligation of the negotiable instrument debtor to pay the amount of the negotiable instrument to the holder.
According to the provisions of the law, it can be known that when the bank acceptance bill expires, it can be cashed directly to the bank that guarantees the payment, and when the bill of exchange expires, the discount bank shall clear the payment unit through the opening bank of the payment unit and recover the bill.
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The banker's acceptance draft has been accepted and does not have to be due to be cashed.
Acceptance is a kind of subsidiary bill behavior, which is premised on the establishment of the bill of exchange, and the acceptance act must be carried out on a valid bill of exchange in order to take effect; Acceptance is an instrument made by the payer of a bill of exchange, indicating that it pays the amount of the bill of exchange on the maturity date.
Acceptance is an essential legal act, which must be made and delivered in accordance with the provisions of the Negotiable Instruments Law before it can take effect; Acceptance is an important procedure for the holder to exercise the right of the instrument, and the holder can only determine the right to request payment after the payer makes acceptance.
The accepting bank of the commercial draft must meet the following conditions:
A) with the drawer has a real entrusted payment relationship;
b) have reliable funds to pay the amount of the bill of exchange;
3) The bank has perfect internal management and has been approved by the bank authorized by its legal person.
When the drawer or bearer of the bank acceptance bill reminds the bank of acceptance, the credit department of the bank is responsible for carefully examining the qualifications of the drawer, credit, purchase and sale contract and the contents of the bill of exchange in accordance with the relevant provisions and approval procedures, and the drawer may provide guarantee if necessary. In accordance with the provisions and acceptance conditions, sign an acceptance agreement with the drawer.
The payer accepts the commercial bill, shall be recorded on the front of the bill of exchange with the words "acceptance" and the date of acceptance and signature, after seeing the bill of exchange for regular payment, the date of payment shall be recorded in the acceptance.
In practice, the acceptance sentence of the bank acceptance bill (i.e., the word "acceptance") has been printed on the front of the bill, such as "this bill of exchange has been accepted for unconditional payment when due", "this bill of exchange has been accepted, and the payment shall be made by the bank on the maturity date", etc., without the need for the acceptor to record separately, the acceptor only needs to sign at the acceptor's signature and fill in the acceptance date column with the acceptance date.
The accepting bank of the bank acceptance bill shall charge the drawer a handling fee of 5/10,000 according to the face value. The payer's acceptance of the commercial draft shall not be conditional. If the acceptance is conditional, it shall be deemed to be a refusal of acceptance.
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1. The method of exchange of bank acceptance bills at maturity.
1) First of all, you need to write the endorser of the bank acceptance draft, and then bring the bank acceptance draft and the company's official seal to the bank where the company's public account is located.
2) The user needs the bank to fill in a collection voucher, which also needs to be stamped with the company's seal, and then handed over to the bank for processing.
2. The method of cashing the commercial acceptance bill. When the commercial acceptance bill expires, the discount bank shall clear the payment unit through the opening bank of the payment unit and recover the bill.
1. How long does the acceptance bill expire and become invalid.
The validity period of the banker's acceptance note is 2 years after the maturity of the acceptance. Its redemption period is 10 days, and no proof is required for collection and redemption within 10 days of maturity.
Theoretically, it can be collected and redeemed within 2 years after expiration, but the bearer needs to issue a certificate of why it has not been redeemed when it expires, as well as an extension certificate that bears all responsibilities.
1. The rights of the bearer to the drawer and acceptor of the instrument shall be 2 years from the maturity date of the instrument. For bills of exchange and promissory notes to be paid at sight, 2 years from the date of issue;
2. The bearer's right to the drawer of the cheque shall be 6 months from the date of issuance. ”
Article 13 of the Judicial Interpretation of the Negotiable Instruments Law gives a clear explanation of the rights of the holder to the drawer and acceptor of the negotiable instrument: that is, the right includes the right to demand payment and the right of recourse. If the instrument has passed the limitation period of the right to the instrument, the debtor of the instrument may defend against the holder.
2. Is there a risk in bank acceptance?
There are risks. Enterprises should pay attention to the following risks when collecting bank acceptance bills.
1. The authenticity of the acceptance bill.
Whether the financial personnel of the enterprise can control the examination is very important to prevent the risk of the acceptance bill of the bank. China Bills Network has summarized five methods from long-term work experience: one check, two listening, three touching, four comparisons, five photos, practical and effective.
2. Whether the acceptance bill is reported as lost and stopped.
When collecting the bank acceptance bill, the enterprise should pay attention to checking whether the bill has been reported as lost and stopped payment. When receiving bank acceptance drafts, enterprises can first log on to the China Court website to inquire about the court announcement information.
3. Whether the acceptance bill is expired.
When the acceptance bill is endorsed and transferred, it must be before the maturity date of the bill, and the instrument cannot be transferred beyond the maturity date.
4. Whether the endorsement is continuous.
In the case of an acceptance bill transferred by endorsement, the endorsement shall be continuous. The bearer proves his right to the bill of exchange with the continuity of the endorsement; If the bill of exchange is obtained by other legal means without endorsement transfer, evidence shall be presented in accordance with law to prove its right to the bill of exchange.
The so-called continuous endorsement refers to the fact that in the transfer of negotiable instruments, the endorser of the transfer of the acceptance bill and the endorsee of the transferee of the acceptance bill are connected in turn on the acceptance bill.
The discontinuity of the endorsement of the acceptance bill will directly affect the rights of the final holder, such as endorsement transfer, discount, acceptance, etc.
This kind of business is very common. If it expires, you need to write a statement of the situation, indicating the face elements, what is the reason for exceeding the collection period, indicating that the economic responsibility or dispute arising from this is borne by the unit, etc., and then go to the opening bank to handle the collection. Of course, it is best to contact the issuing bank in advance to find out. >>>More
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