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A bank draft is one month, and a commercial draft is up to 6 months.
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Month to month, day to day. Up to 90 days!
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Bills of exchange are divided into two types: "bank draft" and "commercial draft": bank draft refers to the bill issued by the issuing bank, which is unconditionally paid to the payee or bearer according to the actual settlement amount at the sight of the bill. The issuing bank of the bank draft is the payer of the bank draft.
The prompt payment period for bank drafts is 1 month from the date of issue; Commercial draft is issued by the drawer, entrusted payer on the specified date and unconditionally pay the determined amount to the payee or bearer of the bill, commercial draft is divided into commercial acceptance bill and bank acceptance bill, the payment period of commercial draft is not more than six months. The term of the note is generally monthly and daily: 1
The bill is calculated on a monthly basis - the term of the bill does not consider the actual number of days in the month, and it is agreed to be the whole month according to the next month, for example, the acceptance period issued on March 2 is 6 months, and its maturity date is September 2, and the cashing period of the acceptance bill issued on January 31 is 1, 2, 3 months and 6 months are February 28 (leap year 29), March 31, April 30 and July 31. 2.Bills are calculated on a daily basis - the term of the bills does not consider the number of months, and is calculated according to the actual number of days, and can only be counted as one day on the two days when the bills are issued and accepted.
For example, if the commercial draft with a term of 180 days issued on March 2 has a maturity date of August 29; The acceptance period issued on January 31 (February 28 of the current year) is 30 days, 60 days, and 90 days, and the maturity dates should be March 2, April 1, and May 1 respectively.
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40th regular payment of bills of exchange after seeing the bill, the bearer shall, within 1 month from the date of issuance of the bill to the payer for acceptance. 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.
Article 41 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 for acceptance. When the payer receives the bill of exchange that the bearer prompts acceptance, it shall issue a receipt of receipt to the bearer. The receipt shall indicate the date of acceptance of the bill of exchange and sign it.
Article 53 The bearer shall pay in accordance with the following deadlines:
1) The bill of exchange to be paid at sight shall be prompted to the payer within 1 month from the date of issuance;
B) fixed payment, regular payment after the issuance of the bill or regular payment after the bill of exchange, from the due date within 10 days to the acceptor prompt payment. The bearer is not in accordance with the preceding paragraph of the time limit prompted payment, after the explanation, the acceptor or payer should continue to bear the responsibility for payment to the holder.
If the payer is prompted to pay by the entrusted receiving bank or through the clearing house system, it shall be deemed that the holder prompts payment.
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Calculation of the maturity date of the bill of exchange:
1. Under normal circumstances, the actual date of use of the bill of exchange is the maturity date;
2. If the acceptance date is not recorded on the bill of exchange, the last day of the payment date shall be recorded in the acceptance as the acceptance date;
3. Other calculation methods.
[Legal basis].
Article 38 of the Negotiable Instruments Law of the People's Republic of China.
Acceptance refers to the bill of exchange payer's commitment to pay the amount of the bill of exchange on the maturity date of the bill of exchange and the act of elimination.
Article 39.
For bills of exchange that are paid on a fixed date or paid regularly after the issuance of the bill, the bearer shall prompt the payer for acceptance before the maturity date of the bill.
Prompt acceptance refers to the act of the bearer showing the bill of exchange to the payer and asking the payer to promise to pay.
Article 42.
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 date of acceptance is not recorded on the bill of exchange, the last day of the time limit specified in the first paragraph of the preceding article shall be the date of acceptance.
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Bills of exchange, checks, and promissory notes are commonly used to pay large amounts of money, and bill of exchange payment refers to the act of paying a certain amount of money to the bearer or payee within the specified time limit. Since a definite amount is to be paid within a specified time, it means that there is a time limit for bills of exchange. 1. Payment date of bill of exchangeThere are four main payment terms for bills of exchange:
1. Demand bill. It means that the day on which the bearer prompts the bill of exchange is the due date. Demand bills of exchange do not need to be accepted, and if the bill of exchange does not clearly indicate the payment term, it is a bill of exchange to be paid at sight.
2. Periodic payment bills of exchange. It refers to a bill of exchange that clearly indicates the date of payment on the face of the bill. For this kind of bill, the bearer must present the acceptance to the payer in order to clarify the payment responsibility.
3. We have a usance bill. A bill of exchange that refers to a bill of exchange that can be paid at a certain time in the future. 4. Deferred payment bills.
Refers to a bill of exchange that is paid a number of days after the date of the bill of lading, the date of submission or other specific date. Second, the characteristics of the bill of exchange 1, from the side of the parties to the quarrel, when the bill of exchange is issued, its basic parties have three parties: the drawer, the payer and the payee.
The drawer is the person who issues the bill of exchange, the payer is the person who is entrusted by the drawer to pay the amount of the bill, and the payee is the person who requests the payer to pay the amount of the bill with the bill. 2. The bill of exchange is a kind of payment order, so the drawer and the payer of the bill of exchange must have a real entrusted payment relationship, and have reliable funds to pay the amount of the bill. 3. The usance bill shall be accepted.
Acceptance is a legal act unique to bills of exchange. It refers to a kind of bill behavior in which the payer promises to pay the amount of the bill of exchange on the maturity date of the bill. Once the bill of exchange is accepted, the payer replaces the drawer and becomes the principal debtor of the bill.
4. Diversification of payment dates. In addition to the situation of payment at sight, bills of exchange also have fixed payment, regular payment after issuance and regular payment after sight. 3. The content of the bill of exchange 1 should contain the words "bill of exchange".
2. Unconditional payment orders. 3. A certain amount. 4. Payment term.
5. Place of payment. 6. Drawee, also known as payer. i.e. the person who accepts the payment order.
In the import and export business, it is usually the importer or the bank designated by him. 7. Payee. That is, the person who receives the amount specified in the bill.
In the import and export business, it is usually the exporter or its designated bank. 8. Date of ticket issuance. 9. Ticketing location.
10. Signature of the drawer.
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The term of the note is calculated as follows: if the term is calculated on a monthly basis, it is calculated on the opposite day of the maturity month; If there is no date, the end of the month is the due date. If the period is calculated according to the hour, it shall be calculated from the specified time; If it is stipulated that the period shall be calculated according to the day, month and year, the day of the beginning shall not be counted as the destruction of the sail, and the calculation shall be calculated from the next day.
Article 17 of the Negotiable Instruments Law.
A) the holder of the drawer and acceptor of the bill of rights, two years from the date of the instrument to the bearer. Bills of exchange and promissory notes payable at sight shall be issued within two years from the date of receipt of the reserves;
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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1. Expiration date.
The term of the bill follows a principle, that is, "the head is not counted" or "the end is not counted", and the date of issuance and the maturity date are only counted as one day.
In your example, the expiration date is 90 days The number of days remaining in April The number of days in May The number of days in June 90-(30-6)-31-30 5, i.e. the due date is July 5.
The key here is the number of days in April, with (30 6) is the principle of counting the head and not the tail (counting the tail does not count the head), think about it, if both ends are counted, then the number of days should be 30 6 1.
2. Discount days.
Discount days The actual number of days from the discount date to the maturity date of the bill 1, in fact, it is also counted as the beginning or the end is not the beginning.
In your example, the maturity date is July 14, and the discount date is June 4, then.
Number of discount days (30 4 1) 14 1 40 days.
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1) If the bill of exchange uses the actual date to indicate the maturity date, the date should be calculated according to the requirements of the letter of credit.
2) If the bill of exchange is to be paid a number of days after the sight of the bill, the due date shall be determined as follows:
For documents that match or do not match but are not rejected by the paying bank, the due date shall be a number of days after the payment bank receives the document. In its opinion R266, the ICC noted that the due date should be calculated from the date of receipt of the document and should not take into account the time required by the issuing bank to review the document in accordance with the terms of the letter of credit. If the issuing bank means that the payment term is calculated from the time when the documents are reviewed and deemed to be in accordance with the terms of the letter of credit, there should be a corresponding sentence in the letter of credit.
In the case of a document that does not match and is rejected by the paying bank, but subsequently agrees to accept it, the due date of the bill of exchange is at the latest a number of days after the date of acceptance of the draft by the paying bank. The date of acceptance of the bill of exchange shall not be later than the date on which the document is accepted as agreed.
3) In all cases, the paying bank must notify the submitter of the due date of the bill of exchange. The calculation of the term and maturity date of the above-mentioned bills of exchange also applies to deferred letters of credit, i.e. where the beneficiary is not required to submit the bill.
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Discount date: (the number of days remaining in April + 1) + (the number of days in May) + (the number of days in June) + (the actual number of days in July - 1) = 90 days then (30-15 + 1) + 31 + 30 + (14-1) = 90 The number of days to expire is July 14.
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The April calculator starts from the 15th, 16 days in October, 31 days in May, 30 days in June + 13 days in July, and the maturity date should be July 14.
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One day is counted as a day, and the beginning is not counted as the end, that is, July 14, but generally add 3 days, which is the difference between the due date and the date of arrival.
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According to the actual number of days, count the day of April 15th, and then count back 90 days.
This is universal, no time limit! Hope.
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