The contract payment method does not indicate cash or acceptance bill, is it legal to pay acceptance

According to the Contract Law of our country.

Article 61 After the contract comes into effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; No supplementary agreement could be reached.

shall be determined in accordance with the relevant terms of the contract or trading customs.

Article 62: Where the parties have agreed on the content of the relevant contract is not clear and cannot be determined in accordance with the provisions of Article 61 of this Law, the following provisions apply:

1) If the quality requirements are not clear, they shall be performed in accordance with national standards and industry standards; Where there are no national standards or industry standards, they shall be performed in accordance with the usual standards or specific standards that meet the purpose of the contract.

2) If the price or remuneration is not clear, it shall be performed in accordance with the market ** of the place of performance at the time of conclusion of the contract; If the ** pricing or ** guide price shall be implemented in accordance with the law, it shall be performed in accordance with the provisions.

3) Where the place of performance is not clear, and the currency is paid, the place where the receiving currency is located; If the immovable property is delivered, it shall be performed at the location where the immovable property is located; Other subject matter shall be performed at the location of the party performing the obligation.

4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare.

5) If the method of performance is not clear, it shall be performed in a manner conducive to the realization of the purpose of the contract.

6) Where the burden of performance costs is not clear, the party performing the obligation shall bear it.

The official website shall prevail.

Of course, it is legal, because the acceptance itself is also money, but it needs to be obtained after the expiration date.

Since the contract does not indicate the payment method, it is normal and legal to settle the payment in cash, check or acceptance bill.

The so-called acceptance, simply put, is a promise to pay, which is an act in which the payer signs and seals the bill of exchange to promise to bear the payment obligation when the bill of exchange is due in the future. Acceptance only occurs in the relevant activities of usance bills.

If the use of the promissory note will affect or impair your rights, you can of course refuse to use it.

According to the contract, it is clearly stipulated that the transaction is in RMB. According to the provisions of the Law of the People's Bank of China, the use of RMB must be used for transactions within the territory of China, which can be narrowed down and interpreted here as RMB banknotes or coins.

Summary. You can assert your rights. If the acceptor fails to pay after the maturity of the commercial acceptance bill, the bearer can exercise recourse against the endorser, drawer and other debtors of the bill.

Before exercising the right of recourse, it is necessary to confirm that the payment has been prompted to the acceptor or payer, and at the same time, it should be ensured that the corresponding proof of refusal is obtained. After obtaining the above certificates, the bearer shall promptly send a written notice to all debtors of the bill of exchange, and if the bill of exchange is still unable to be repaid, it shall promptly file a lawsuit with the people's court to protect its legitimate rights and interests.

Hello, the lawyer is at your service!

Hello, the lawyer is at your service!

Hello, the lawyer is at your service!

You can assert your rights. If the acceptor cannot pay after the maturity of the commercial acceptance bill, the bearer can exercise recourse against the endorser, drawer and other debtors of the bill. Before exercising the right of recourse, it is necessary to confirm that the payment has been prompted to the acceptor or payer, and at the same time, it should be ensured that the corresponding proof of refusal is obtained.

After obtaining the above-mentioned certificates, the bearer shall promptly send a written notice to all debtors of the bill of exchange, and if the bill of exchange is still unable to be repaid, it shall promptly file a lawsuit with the people's court to protect its legitimate rights and interests.

The payer, that is, the person who actually pays the amount of the commercial bill. It has the following circumstances: (A) when the commercial draft structure is the debtor, its relative creditor becomes the payee of the bill, the relative creditor can hold the bill to the drawer's bank to prompt acceptance, by the bank from the drawer's bank deposit on behalf of the payment of the drawer, the drawer is the actual payer; or, according to the agreement with the drawer, the creditor reminds other industrial and commercial enterprises that have a financial relationship with the drawer for acceptance, and the industrial and commercial enterprise pays the creditor and becomes the actual payer; (B) when the drawer is a creditor, its relative debtor after receiving the bill, can hold the bill to its bank to show acceptance and sufficient funds, by the bank from the debtor's bank deposit to the drawer on behalf of the payer, the debtor is the actual payer.

Article 19 of the Negotiable Instruments Law states that a bill of exchange is issued by the drawer, and the payer is entrusted to pay a certain amount to the payee or bearer unconditionally at the sight of the bill or on a specified date. Bills of exchange are divided into bank drafts and commercial drafts.

The payer of the commercial acceptance bill is one of the three parties, so what does the payer of the commercial acceptance bill need to do late? What is the definition?

The payer of a commercial draft.

A commercial draft is a bill issued by the drawer, and the entrusted payer unconditionally pays the amount determined by land payment to the payee or bearer on the specified date. A commercial cashier's check is accepted by a payer other than a bank. A commercial promissory note is issued by a sales or purchasing enterprise agreed upon by both parties to the transaction, but is accepted by the purchasing enterprise.

Accounting entries for the issuance of commercial acceptance bills.

Borrow: raw materials.

Tax Payable – VAT Payable (Input Tax) Payable

Credit: Bills Payable - Commercial Acceptance Bills.

Accounting entries for the maturity and payment of commercial acceptance bills.

Debit: Notes payable.

Credit: Bank deposits.

Accounting entries for commercial acceptance bills that are unable to be paid when due.

Debit: Notes payable.

Credit: Accounts payable.

What is a note receivable?

A note receivable is a written document issued by the payer or payee that is accepted by the payer and paid unconditionally when due. Bills receivable are divided into commercial bills and bank acceptance bills according to their acceptors, and are divided into interest-bearing commercial bills and non-interest-bearing commercial bills according to whether they are interest-bearing or not. Commercial bills can be endorsed and transferred in accordance with the law, or they can apply to the bank for discounting.

Notes receivable belong to the asset class and are generally in the specialized.

Notes receivable. Accounts. A note receivable is a written document issued by the payer or payee that is accepted by the payer and paid unconditionally when due.

What is a Commercial Acceptance Bill?

A commercial acceptance bill is a commercial acceptance bill accepted by a payer other than a bank.

The drawer of a commercial acceptance bill can be the payee or the payer, and the payer is the acceptor. Commercial acceptance bills are not limited by the starting amount, and their payment terms can be up to 6 months, which can be used to apply for discounting and endorsement transfer. Customers who open a deposit account can use commercial bills when there are actual transactions or actual creditor-debtor relationships with other institutions.

The drawer of a commercial bill.

Commercial bills generally have three parties, namely the drawer, the payee and the payer. The first is the drawer, when the industrial and commercial enterprise needs to use the commercial draft, it can become the drawer. The main difference between a commercial draft and a bank draft is that the drawer of a bank draft is a bank, and the drawer of a commercial draft is an industrial and commercial enterprise.

Hello, I am happy to serve you and give you the following answers: this contract is only for the use of bank acceptance bills, which means that when there is a bank acceptance bill transaction, both parties need to sign this contract to ensure the rights and obligations of both parties. Workaround and Procedure Steps:

1.Both parties need to sign this contract to clarify the rights and obligations of both parties, as well as the specific content of the transaction; 2.Both parties need to determine the validity period of the bill of exchange, as well as the date of payment of the bill; 3.

Both parties need to determine the payment method of the bill of exchange, as well as the amount to be paid by the draft; 4.Both parties need to determine the payer and payee of the bill of exchange; 5.Both parties need to determine the payment bank of the bill, as well as the payment of the bill; 6.

Both parties need to determine the proof of payment of the bill of exchange, as well as the proof of payment number of the bill of exchange; 7.Both parties need to determine the date of payment of the bill of exchange, as well as the time of payment of the bill; 8.Both parties need to determine the payment method of the bill of exchange, as well as the amount to be paid by the draft; 9.

Both parties need to determine the payer and payee of the bill of exchange; 10.Both parties need to determine the payment bank of the bill, as well as the payment of the bill; 11.Both parties need to determine the proof of payment of the bill of exchange, as well as the proof of payment number of the bill of exchange; 12.

Both parties need to determine the date of payment of the bill of exchange, as well as the time of payment of the bill; 13.Both parties need to determine the payment method of the bill of exchange, as well as the amount to be paid by the draft; Traces and 14Both parties need to determine the payer and payee of the bill of exchange; 15.

The parties need to determine the bank for the payment of the bill of exchange, as well as the payment of the bill; 16.Both parties need to determine the proof of payment of the bill of exchange, as well as the proof of payment number of the bill of exchange; 17.Both parties need to determine the date of payment of the bill of exchange, as well as the time of payment of the bill; 18.

Both parties need to determine the payment method of the bill of exchange and the amount to be paid for the bill of exchange; 19.Both parties need to determine the payer and payee of the bill of exchange; 20.Both parties need to determine the payment bank of the bill, as well as the payment of the bill; 21.

Both parties need to determine the proof of payment of the bill of exchange, as well as the proof of payment number of the bill of exchange; 22.Both parties need to determine the date of payment of the bill of exchange, as well as the time of payment of the bill; 23.Both parties need to determine the payment method of the bill of exchange, as well as the amount to be paid by the draft; 24.

Both parties need to determine the payer and payee of the bill of exchange; 25.Both parties need to determine the payment bank of the bill, as well as the payment of the bill; 26.Both parties need to determine the proof of payment of the bill of exchange, as well as the proof of payment number of the bill of exchange; 27.

Both parties need to determine the date of payment of the bill of exchange, as well as the time of payment of the bill; 28.Both parties need to determine the payment method of the bill of exchange, as well as the amount to be paid by the draft; 29.Both parties need to determine the payment of the bill of exchange.

The bank acceptance bill refers to the application for issuance by the enterprise, and the entrusted bank and other financial institutions unconditionally pay the bearer at the face value on the specified date. Single.

Literally, bank acceptance is just a way for businesses to pay, and in fact it has many roles:

1. Reduce costs: When an enterprise has normal production and operation and sufficient funds, as long as the other party accepts bank acceptance, the enterprise can be.

In order to choose 100% margin, that is, the funds that need to be paid to the other party are used as the margin for opening a banker's acceptance draft in the form of a fixed term (often 6 months).

fixed-term) deposited in the bank, and then the fixed deposit certificate is pledged to issue the same amount and at the same time (due to the order of operation time, the deposit certificate often expires first).

The bank acceptance bill is paid to the enterprise that needs to pay, and the enterprise earns the interest on the fixed deposit, which reduces the financial cost; Enterprises that have bank loans can also replace part of the loans with bank acceptance bills to reduce costs by paying less interest on the loan.

2. Financing: Enterprises can use their own credit in the bank to take out a part of the bank's credit scale to open bank acceptance bills.

According to the previous bank regulations, combined with the comprehensive factors of the enterprise itself, the margin ratio is generally 0-50%, assuming that it is 30%, then the enterprise will apply to the bank every time.

The bank acceptance bill of 1 million only needs to deposit a margin of 300,000 yuan, which has reached the goal of financing 700,000 yuan.

3. Other needs of enterprises: such as improving the structure of reporting assets and increasing monetary funds. At present, the bank deposits of many listed companies are reflected very well.

Large, but in fact, the funds that enterprises can use "freely" are not necessarily large, and most of the bank deposits have been converted into the guarantee of bank acceptance bills.

Securities. The "special" needs of bank-enterprise cooperation, some banks need deposits at a certain point in time, and enterprises, especially listed companies, also need time points, so they can use bank acceptance to meet their own needs, for example, the bank will give the enterprise 100 million bank acceptance bills at the end of the year, and the enterprise will deposit 50% of the guarantee.

Securities. From the bank's point of view, while increasing bank deposits by 50 million, there will be a settlement guarantee of at least 50 million in the future; From the corporate side.

Not only did bank deposits increase by 50 million, the statements looked good, but there were also 50 million more funds at disposal at the end of the year (from 50 million monetary funds.

It has become a bank acceptance bill of 100 million), which has increased the payment ability of the enterprise and further enhanced the external reputation of the enterprise;

Of course, there are also some operations that may involve a wider range of aspects, are more difficult, and require skill. For example, the enterprise wants to enlarge the company's capital for some kind of need.

On the premise of negotiating with **, the bank acceptance draft to be paid to ** merchant will be endorsed back to the company, and the company will discount it to the bank, and then take it.

The cashed funds are used as the margin for the next bank acceptance bill, and the acceptance continues to be opened to achieve its purpose.