What are the requirements for applying for a public notice procedure?

Conditions for applying for a public notice.

According to the provisions of the Civil Procedure Law, the following conditions must be met to apply for a publicity reminder:

1) The subject of the application.

The subject of the application must be the last holder of the right to the instrument in accordance with the law. The last bearer, also known as the loser, refers to the citizens, legal persons and other organizations that have lost the instrument that can be endorsed and transferred. Whether the issuer of the bill can be used as a public reminder applicant is determined according to different circumstances.

If the bill issued by the issuer is lost before it is delivered to the payee, it shall be possible to apply to the people's court for publicity and reminder. Since the invoicer in this case is also the legal holder of the instrument, he should not be understood as the debtor. If the bill issued by the issuer is lost after being delivered to the payee, the issuer is already the debtor of the bill and cannot apply for a public notice.

2) The reason for the application.

The reason for the application must be theft, loss or loss of the instrument that can be endorsed and transferred. For other reasons, it is not possible to apply for a public notice.

3) The interested parties are in a state of uncertainty.

The fact that the interested parties are in a state of uncertainty during the publicity and reminder procedure is a prerequisite for applying for a publicity reminder. Because. If the person who has an interest in the rights on the negotiable instrument is clear, there is no need to apply for publicity and reminder, and a lawsuit can be filed with the people's court according to the general negotiable instrument dispute.

The so-called unknown interested party means that the person who has an interest in the application is unclear, or who the interested party is.

4) An application must be submitted to the people's court with jurisdiction.

In accordance with article 193 of the Civil Procedure Law, the parties shall apply to the basic people's court at the place where the negotiable instrument is paid for publicity and reminder. The place of payment of the bill refers to the location of the payment institution or the domicile of the payer of the bill. The law stipulates that the place where the bill is paid is the jurisdiction of the court, which is convenient for the people's court to hear and for the applicant to apply for publicity and reminder.

1. The subject of the application must be the holder of the instrument that can be endorsed and transferred in accordance with the regulations, that is, the last holder of the instrument before it is stolen, lost or destroyed.

2. The reason for the application must be the theft, loss or destruction of the bills that can be endorsed and transferred, and the interested parties are in an unclear state, and the application for publicity and reminder of other matters must be expressly stipulated by law.

3. The publicity and reminder procedures must be under the jurisdiction of the basic people's court at the place where the bill is paid.

4. The application method shall be written by the applicant to indicate the face value, the main content of the invoicer, the bearer, the endorser, etc., the reason for the application for publicity and the fact that the bill is lost.

5. If the applicant for a public notice requests to withdraw the application, it must do so before the public notice, and the court that requests the withdrawal during the period of the public notice may rule to terminate the publicity and reminder procedure.

Publicity and reminder is a kind of civil litigation procedure, which is an important remedy for the loss of the bill to preserve and restore its rights after the loss of the instrument. The holder of the negotiable instrument learns and grasps the legal provisions of the publicity and reminder system, which is conducive to protecting their legitimate rights and interests in accordance with the law in the event of the loss of the negotiable instrument.

Legal analysis: The application procedure for publicity and reminder is: the applicant submits an application to the court; After the court accepts the case, notify the payer to stop the payment and issue an announcement; Interested parties have deferred the right to declare to the court; The court rules to close the proceedings and notifies the parties.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 219:When a people's court decides to accept an application for macro-empty reasoning, it shall simultaneously notify the payer to stop the payment, and issue a public announcement within 3 days, urging the interested parties to declare their rights.

Article 221: Interested parties shall report to the people's court during the period of public announcement and reminder. After the people's court receives the declaration from the interested party, it shall rule to terminate the publicity and reminder procedures and notify the applicant and the payer. The applicant or declarant may file a lawsuit with the people's court.

The application for publicity and reminder procedures must include the following conditions: the applicant is the last holder of the instrument. The application is for instruments that can be endorsed and transferred, including promissory notes, checks, bills of exchange, or other matters.

The reason for the application is theft, loss or destruction of the instrument. According to Article 218 of the Civil Procedure Law, the provisions of this chapter shall apply to the holder of the negotiable instrument that can be endorsed and transferred in accordance with the regulations, the holder of the negotiable instrument who is stolen or lost due to the theft of the negotiable instrument, and the Yuanzhi may apply to the basic people's court of the place where the negotiable instrument is paid for publicity and reminder, and other matters that may apply for publicity and reminder in accordance with the law. The publicity and reminder procedure refers to the procedure whereby the people's court reminds an unknown interested party by way of publicity according to the application of the parties, applies for rights within the statutory period, fails to declare within the time limit, and makes a judgment that the effective instrument is invalid, which is a non-litigation right.

If the court decides to accept the procedure for publicizing the public announcement of the major attack, it shall issue a public announcement within three days, urging the interested parties to declare their rights, and the publicity time shall not be less than 60 days.