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If the information is complete, it will be very fast, if people are more familiar with it, it will be better to speak, as long as the bank people start to handle, it will take about half an hour to do one, but the premise is that the information must be complete.
Materials required for handling bank acceptance drafts:
1. Application for acceptance of commercial bills;
2. Commercial bill acceptance agreement;
3. A copy of the valid business license after annual examination;
4. Certificate of legal representative or power of attorney;
5. A copy of the purchase and sale contract consistent with the contents of the bank acceptance bill;
6. The annual report and the latest financial statements of the applicant and the guarantor for the last two years;
7. Other supporting materials required by the bank.
The bank acceptance draft is a kind of commercial bill, which is issued by the depositor who opens a deposit account in the acceptance bank, applies to the opening bank and is reviewed and accepted by the bank, and guarantees the unconditional payment of the determined amount to the payee or bearer on the specified date.
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The issuance of bank acceptance bills can generally be issued immediately as long as the information is complete.
Information required for the issuance of banker's acceptance:
1. A copy of the contract signed by both parties is generally required (the payment method is an acceptance bill);
2. A copy of the invoice;
3. The full name of the other party, the bank where the account is opened, and other information;
4. Some banks also require a copy of the other party's business license;
5. You need to deposit a margin first, and the deposit ratio is 50% (China CITIC Bank % (Minsheng Bank % (Bank of China), etc.).
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See if you have a relationship with the bank? If there is, it's OK in a few hours. If it doesn't matter, it won't be opened.
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The term of acceptance of the bank acceptance bill is generally 3 months to 6 months, and the circulation in the market is generally 6 months, generally speaking, the longest maturity date of the bank acceptance bill can not exceed 6 months. The accepting bank will notify the applicant to go to the bank for acceptance payment within 10 days before the maturity date of the acceptance bill. If the applicant for acceptance is temporarily unable to accept, he can apply to the accepting bank for an extension of acceptance, and generally speaking, the extension time shall not exceed ten days.
If the extension period needs to exceed 10 days, then it is necessary to negotiate with the accepting bank, and the related costs incurred need to be borne by the applicant who accepts the application.
Banker's Acceptance
A banker's acceptance bill is a type of commercial bill. It refers to the bill issued by the depositor who has opened a deposit account in the acceptance bank, applies to the bank that opens the account and agrees to accept it after the bank's examination, and guarantees the unconditional payment of the determined amount to the payee or bearer within the specified date. The acceptance of the commercial draft issued by the drawer is the credit support given by the bank based on the recognition of the drawer's credit.
The difference between a banker's acceptance bill and a commercial acceptance bill
1. The acceptance object is different, the commercial acceptance bill is accepted by the payer other than the bank, while the bank acceptance bill is accepted by the bank.
2. The issuance object is different, and the bill of exchange for commercial acceptance is issued by the selling enterprise or the purchasing enterprise according to the agreement between the two parties to the transaction, but it is accepted by the purchasing enterprise. Banker's acceptance drafts are issued by depositors who have opened a deposit account with a bank. The accepting bank will charge the drawer a handling fee of 5/10,000 according to the face value.
3. When the bank deposit of the issuer of the commercial acceptance bill is insufficient, the bank can refuse to pay, and when the bank deposit of the issuer of the bank acceptance bill is insufficient, the bank will pay unconditionally when the bank is not enough.
4. Compared with commercial acceptance bills, bank acceptance bills have a higher safety factor.
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1. Payment term of bank acceptance draft.
According to Article 87 of the Payment and Settlement Measures of the People's Bank of China, the payment period of bank acceptance bills shall not exceed 6 months; That is, the bank acceptance bill recorded in the bill shall not exceed 6 months from the "date of issuance" to the "maturity date of the bill".
2. The term of the right of the banker's acceptance bill.
The rights of the bearer of the bank acceptance bill to the drawer and acceptor of the bill shall be extinguished within 2 years from the maturity date of the bill, and the right of the bill shall be extinguished if it is not exercised within the following period.
3. The term of recourse for bank acceptance bills.
The holder of the bank acceptance bill has the right of recourse against the previous hand, 6 months from the date of refusal to accept or refusal to pay; The right of recourse shall be extinguished if it is not exercised beyond this period.
4. The term of recourse for bank acceptance bills.
The holder of the bank acceptance bill has the right of recourse against the previous hand, 3 months from the date of repayment or the date of being sued, and the right of recourse is extinguished if it is not exercised beyond this period.
5. The bank acceptance draft prompts the payment deadline.
The holder of the bank acceptance bill must be the acceptor before the payment of the bill to its prompt acceptance, according to the acceptance of the region is different or the same city, respectively, to give the other party a full reminder period, prompt payment period is ten days before the maturity date of the bill.
6. The time limit for refusal of acceptance of bank acceptance bill.
The payer of the bank acceptance draft shall accept or refuse to accept within 3 days from the date of receipt of the reminder acceptance. In case of refusal, a certificate of refusal must be issued. The Negotiable Instruments Law stipulates that the payer's acceptance of the bill of exchange shall not be conditional, and if the acceptance is conditional, it shall be deemed to be a refusal to accept.
7. The validity period of the application for publicity and reminder of bank acceptance bills.
The Negotiable Instruments Law stipulates that the person who loses the bill shall apply to the people's court for publicity and reminder within 3 days after reporting the loss and stopping payment; or after the loss of the bill, directly apply to the people's court for publicity and reminder.
8. The deadline for the publicity and reminder of the bank acceptance bill.
After the people's court decides to accept the application for publicity and reminder, it shall issue a public announcement within 3 days, and announce it to the public in written form, urging interested parties to declare their rights; The period for public announcement and reminders is to be decided by the people's courts, but must not be less than 60 days.
9. Time limit for applying for ex-right judgment of bank acceptance bill.
If the period for public notice of bank acceptance bill expires and no one declares the right to the bill, the applicant submits an application for expulsion judgment to the court within one month of the expiration of the announcement period, and the court makes a judgment. The judgment still needs to be announced 15 days after it takes effect. From the date of the announcement, the applicant has the right to request payment from the payer.
The payer can be required to pay by way of litigation within one month. If the payer refuses to accept after receiving the prompt, it needs to provide proof, and all acceptances with additional conditions are refusals. The payer must pay the full amount within 6 months, otherwise the applicant can take legal steps to protect his rights and interests.
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Can be redeemed. Generally speaking, the term of a banker's acceptance draft should not exceed 6 months. The accepting bank will notify the acceptance applicant to go to the bank for acceptance payment within 10 days before the maturity date of the acceptance bill.
If the acceptance applicant cannot accept for the time being, it can apply to the acceptance bank for an extension of acceptance, and generally speaking, the extension time shall not exceed 10 days. If the extension period needs to exceed 10 days, it is necessary to negotiate with the accepting bank, and the relevant costs incurred shall be borne by the acceptance applicant.
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According to the People's Bank of China.
Article 87 of the Payment and Settlement Measures stipulates that the payment period of a bank acceptance bill shall not exceed 6 months; That is, the bank acceptance bill recorded in the bill shall not exceed 6 months from the "date of issuance" to the "maturity date of the bill".
A banker's acceptance draft is a commercial draft.
one. Refers to the bank that is in charge.
If the depositor who opens a deposit account issues an application to the depositary bank and the bank examines and agrees to accept it, it guarantees to unconditionally pay the amount of definite reversal to the payee or bearer on the specified date. The acceptance of the commercial draft issued by the drawer is the credit support given by the bank based on the recognition of the drawer's credit.
Banker's acceptance bills are sold at a discount. The main investors in banker's acceptances are money market commons** and municipal entities. Its characteristics are: good credit, strong acceptance, high flexibility, and effectively save capital costs.
The use of bank acceptance bills to finance commercial transactions is called acceptance financing.
The bank acceptance bill is a kind of deferred payment bill issued by the bank entrusted by the payer, and the bank has the obligation to pay at sight when the bill expires; The maximum term of the note is one year, and the endorsement transfer can be carried out during the term of the note.
Due to the bank guarantee, the bank has a judgment and guessing requirement for the unit that entrusts the issuance of the bank acceptance bill, and generally requires the enterprise to deposit a deposit equivalent to the amount of the bill.
When the bill matures, some enterprises deposit a deposit of tens of percent of the amount of the bill to the bank, but the bank must make a bank acceptance bill credit to the enterprise and the credit line is granted.
If there is no bank credit, there is no qualification to issue bank acceptance bills.
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The term of the acceptance bill is generally between 30 days and 180 days, and 90 days is the most common. The bank accepts the old high bills of exchange by the accepting bank.
The depositor who opens a deposit account issues a bill, a bill.
A commercial draft issued to the drawer.
Acceptance is a credit support given by the bank based on the recognition of the drawer's credit. The maximum face value of each bank acceptance draft in China is 10 million yuan (the face value of 100 million yuan has been encountered in practice).
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Legal Analysis: Acceptance expires 2 years after expiration. According to Article 17 of China's Negotiable Instruments Law, the right of the negotiable instrument shall be extinguished if it is not exercised within the following period: the holder's rights to the drawer and acceptor of the negotiable instrument shall be extinguished within 2 years from the maturity date of the negotiable instrument;
The bearer's rights to the drawer of the cheque shall be 6 months from the date of issue. Moreover, Article 13 of the Judicial Interpretation of the Negotiable Instruments Law also stipulates that the rights of the holder to the drawer and acceptor of the negotiable instrument are clearly explained: 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.
A) the holder's rights to the drawer and acceptor of the instrument, two years from the maturity date of the instrument. Bills of exchange and promissory notes payable at sight shall be two years from the date of issue;
2) The bearer's rights to the drawer of the cheque shall be six months from the date of issuance;
C) the holder of the right of recourse to the previous hand, from the date of refusal to accept or refusal to pay for six months;
4) the holder of the recourse to the previous hand, three months from the date of settlement or the date of the lawsuit.
The date of issuance and maturity of the bill shall be determined by the parties to the bill in accordance with law.
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Analysis of the law of Qichun: one week before the expiration of the acceptance time, bring the bill and the bank's reserved seal to the opening bank to carry out the entrusted collection procedures of the acceptance bill. The act of acceptance must be carried out on a valid bill of exchange in order to be effective; Acceptance is an act of instrument made by the payer of the bill of exchange, indicating that it pays the amount of the bill of exchange on the maturity date; Acceptance is a formal legal act, which must be made and delivered in accordance with the provisions of the Wheel Code Law before it can take effect.
Legal basis: Article 40 of the Negotiable Instruments Law of the People's Republic of China on the basis of the bill of exchange for regular payment after seeing the bill, the bearer shall prompt the payer for acceptance within one month from the date of issuance. If the bill of exchange is not accepted within the prescribed time limit, the bearer loses the right of recourse against his predecessor.
Bills of exchange payable at sight do not need to be prompted for acceptance.
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Not more than 6 months to expire. According to the People's Bank of China.
Article 87 of the Payment and Settlement Measures stipulates that bank acceptance.
The payment term of the bill of exchange shall not exceed 6 months; That is, the bank acceptance bill recorded in the bill shall not exceed 6 months from the "date of issuance" to the "maturity date of the bill". The acceptance period of the electronic bank acceptance draft is up to 1 year. Slow wax in the hole.
Further Information: What is the Procedure for Banker's Acceptance?
1. Sign the transaction contract.
After negotiation, the two parties sign a commodity transaction contract, and indicate in the contract that the bank acceptance bill is used for settlement. As a seller, if the other party's business credit is not good, or the other party's credit status is not well understood or has little confidence, it is safer to use a bank acceptance draft. Because the bank acceptance bill is accepted by the bank and guaranteed by the bank's credit, it can ensure the timely recovery of the payment.
2. Issue bills of exchange.
The payer shall issue a banker's acceptance draft in accordance with the provisions of the contract signed by both parties. The bank acceptance draft is in triplicate, and the first copy is a card, which is issued by the accepting bank.
a summons for payment of the fare; The second copy is opened by the beneficiary's bank.
When collecting the bill from the accepting bank, it will be used as a summons for payment of the current account of the interbank bank; The third copy is the stub copy, and the issuing unit prepares the relevant vouchers.
Note: When filling in the bank acceptance draft, the cashier of the payment unit shall fill in the date of issuance in the bank acceptance draft, the full name of the payee and the acceptance applicant (i.e. the payment unit), the opening bank, the amount of the bill, the amount of the bill, the maturity date of the bill, etc., and the first, second and third copies of the bank acceptance draft "Seal of the issuer of the draft" shall be stamped with the seal of the reserved bank and the seal of the person in charge and the handler.
3. Acceptance of bills of exchange.
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 list of "bank acceptance agreement" and bank acceptance draft after verification, and stamp the official seal of the unit at the "acceptance applicant".
The bank acceptance agreement is generally in triplicate, one copy of the bank credit department, one copy of the bank accounting department, and one copy of the payment unit, 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 the bank has completed the review, the bank acceptance agreement shall be stamped with the bank's official seal or contract seal, the special seal of the bank acceptance bill shall be affixed on the bank acceptance draft, and at least one private seal of the person in charge shall be affixed.
4. Pay the handling fee.
In accordance with the provisions of the "Bank Acceptance Agreement", the payment unit shall pay the handling fee to the acceptance bank for the acceptance formalities, which shall be deducted from the deposit account of the payment unit by the depositary bank. According to the current regulations, the bank acceptance fee shall be charged at 5/10,000 of the face value of the bank acceptance bill, and if the handling fee is less than 10 yuan, it shall be charged at 10 yuan.
The acceptance period of paper bank acceptance bills shall not exceed 6 months, and the acceptance period of electronic bank acceptance bills shall not exceed 1 year. If the applicant fails to pay the bank acceptance bill when due, the overdue penalty interest shall be calculated and charged according to the regulations.
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