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When the bank receives the acceptance draft of the enterprise, it must first find the specific mailing address and zip code of the other bank, fill in the express delivery form, put the company's draft and the entrusted collection voucher into the express bag, and hand it over to the postal or other courier company on a regular basis.
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Legal Analysis: Bill fraud is a serious crime, although the Criminal Law amendment abolished the death penalty for bill fraud, but the circumstances are serious, it can still be sentenced to life imprisonment. Except for commercial banks, no one is allowed to engage in bill discounting activities.
If the holder of the unexpired bank acceptance bill needs funds, he can apply to the Buried Hui Commercial Bank for discount, and the discount rate is much lower than the interest rate of private trading.
Legal basis: "Criminal Law of the People's Republic of China" Article 266 The crime of fraud, defrauding public or private property, where the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine 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 indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
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The best way is to check with the bank, which may charge a fee.
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There are many illegal acts in the economic field, and some people defraud all kinds of money through various means in disregard of the law for the sake of profit. For example, fraudulent acquisition of bills and other acts are clearly illegal acts. Well, fraudulent receipt of bills should be punished like this:
1. A natural person who commits the crime of fraudulently obtaining loans, acceptance of bills, or financial bills shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention and/or a fine; Where major losses are caused to banks or other financial institutions, or where there are other serious circumstances, a sentence of between 3 and 7 years imprisonment and a concurrent fine is to be given.
2. If a unit commits the crime of fraudulently obtaining loans, acceptance of bills, or financial bills, the unit shall be fined, and the person in charge and other persons directly responsible for it shall be punished in accordance with the provisions of this crime committed by a natural person. Article 175 of the Criminal Law [Crime of Transferring Loans at Usurious Interest] Whoever, for the purpose of relending for profit, takes credit funds from financial institutions and transfers them to others at usurious interest, and the amount of unlawful gains is relatively large, is to be sentenced to up to three years imprisonment or short-term detention, and a concurrent fine of between 1 and 5 times the amount of unlawful gains; where the amount involved is huge, the sentence is between three and seven years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to three years imprisonment or short-term detention.
Article 175-1 [Crime of Fraudulently Obtaining Loans, Acceptance of Bills, or Financial Documents] Whoever obtains loans, acceptances of bills, letters of credit, letters of guarantee, etc., from banks or other financial institutions by fraudulent means, causing major losses to banks or other financial institutions, or where there are other serious circumstances, shall be sentenced to up to three years imprisonment or short-term detention and/or a fine; Liang Chun, who caused especially heavy losses to banks or other financial institutions or had other particularly serious circumstances, is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
Article 175-1 of the Criminal Law of the People's Republic of China: Whoever obtains a loan, bill acceptance, or financial instrument by fraud, obtains a loan, bill acceptance, letter of credit, letter of guarantee, etc., by fraudulent means, causing major losses to the bank or other financial institution or has other serious circumstances, shall be sentenced to up to three years imprisonment or short-term detention and/or a fine; Whoever causes especially heavy losses to banks or other financial institutions or has other especially serious circumstances, is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
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1. The group company obtains bank credit funds through affiliated enterprises or related party transactions.
The internal organizational relationship of the group enterprise is often complicated, the related party transactions are frequent, and the capital exchange is more, and the authenticity of the transaction is difficult to determine, and some affiliated enterprises with ulterior motives take advantage of the false related party transactions to issue a large number of financing bills such as bank acceptance bills to arbitrage bank funds to meet their own capital needs.
2. Enterprises collude with each other to sign fake purchase and sale contracts to defraud banks of acceptance.
According to the relevant provisions of the current bank acceptance bill, when the drawer applies to the bank for acceptance, the buyer and seller only sign the purchase and sale contract, and the real commodity exchange has not yet occurred, and the main basis for the bank to examine the commodity transaction is the purchase and sale contract, and some enterprises collude with each other to sign a fake purchase and sale contract, so as to defraud the bank of acceptance and obtain bank credit for the blind money.
3. Internal and external collusion to defraud bank credit funds by using fake bank acceptance bills.
Joining hands with internal and external parties and echoing internal and external crimes are the new trends and characteristics of current negotiable instrument cases. A very small number of lawbreakers take advantage of the imperfect prevention mechanism of bank acceptance bills and the imstrict internal control system, change the bills by changing the face elements or steal the anti-counterfeiting technology of bank bills, use high-tech means to "clone" bills, and collude with internal and external parties to issue and discount pledged bank acceptance bills in violation of regulations to defraud bank credit funds.
Fourth, commercial banks blindly expand their business, lower conditions, do not strictly examine, issue and discount bank acceptance bills in violation of regulations.
In the investigation, it was found that a very small number of commercial banks, in order to one-sidedly pursue the scale of bill business and off-balance sheet business income, lowered the entry threshold of bill business, confirmed the authenticity of bills as a mere formality, did not strictly perform the relevant procedures for bill acceptance as required, and did not strictly verify and review the relevant supporting documents, and there were incomplete relevant elements, which increased the risk of bank bill business.
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