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Since you are a novice, I will explain the basic concepts to you clearly, and the rest of the regulations (many, many) will be slowly pondered in practice. Commercial bills are divided into two types: commercial acceptance bills and bank acceptance bills. Commercial Acceptance Bill:
If you go to buy goods and say to the seller, "I don't have any money, I'll give you an IOU first, and promise to give you money in 6 months, okay?" The other party agrees that the format of this IOU voucher is a commercial acceptance bill. Hey, it's not very safe, right?
Banker's acceptance draft: The basic situation is the same as above, but the other party does not trust you, let you find a guarantor, you will find your opening bank, and your opening bank stamps on the IOU and promises that "if he doesn't pay back, I will pay it back!" (Is there such a good thing?)
Of course not, the bank not only charges a certain fee, but also requires you to have a margin ranging from 0-100%), and the IOU voucher is formatted, which is the bank acceptance bill. It can be seen that commercial bills of exchange are mainly used for credit sales in commerce - first pull the goods, sell them to give money, and the maximum period of this final payment is 6 months. If you are a seller, holding a bank acceptance draft in your hand, looking at it dryly, although the money is no problem, it can only be obtained after 6 months, which is equivalent to the liquidity being occupied for half a year - an IOU, and it will be repaid after half a year.
You find your bank and say, "I will give you the right to collect the arrears, you give me the money in advance", the bank agrees, so you transfer the bill of exchange to the bank, which is called "discounting", of course, you can't post it in vain, for example, for a bill of exchange of 1 million, the bank will give you 990,000 yuan (probably this meaning), and the difference of 10,000 yuan is the price for you to get 990,000 working capital in advance. You say that "the job is to find the acceptance bill and then sell it" is so simple to understand: for example, for a bill of exchange of 1 million, you collect 980,000 yuan (980,000 yuan to the other party), 990,000 yuan is posted to the bank or other institutions (give you 990,000 yuan), and you earn 10,000 yuan for the difference between the collection and payment.
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Types and Definitions of Acceptance Bills In China's domestic **, acceptance bills are divided into two types: bank acceptance bills and commercial acceptance bills. Both of these bills of exchange are related to post-mortem payments. Banker's Acceptance:
The drawer issues a bank acceptance draft and delivers it to the payee, and the payee requests payment from the payer recorded on the bill, and the payer shall bear the payment obligation, and the bank charges a certain handling fee. Commercial Acceptance Bill: The commercial acceptance bill is issued by the drawer, and the entrusted payer unconditionally pays a certain amount to the payee or bearer on the specified date, and the bill accepted by the payer other than the bank is the commercial acceptance bill.
The drawer issues the bill of exchange and delivers it to the payee, and the payee requests payment from the payer recorded on the bill, and the payer shall bear the payment obligation, and the bank will charge a certain handling fee. This is because there is a financial relationship between the payer and the drawer before the drawer issues the drawer, the drawer has a certain amount of money with the payer, or the payer owes a debt to the drawer. Therefore, the drawer entrusts the payer to make the payment.
In order to make the payer ready to pay, the bearer prompts the payer to accept before the maturity date of the bill, and the payer should make an expression of intent. Once the payer accepts, the payer becomes the acceptor and has the obligation to pay unconditionally. Conversely, if the payer does not agree to the acceptance and does not sign the bill of exchange, then no liability for the bill of exchange arises.
If the payer does not agree to acceptance, it is not liable to the payee, but only violates the contractual obligations of the drawer; A breach of contract is formed, so that the drawer is liable for breach of contract, not the bill liability. Because the payer does not agree to accept, the payee cannot require the payer to bear the responsibility, and can only exercise the right of recourse against its predecessor. Precautions The acceptance of bills of exchange is only applicable to bills of exchange with fixed payment, regular payment after issuance and regular payment after seeing the bill.
The bill of exchange payable at sight does not need to be prompted for acceptance, and there is no acceptance. At the same time, the drawer and the payer are the same person for the bills of exchange, and there is no need to accept them.
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Acceptance bill, is the enterprise in the deposit account of the bank application and by the opening bank audit, the enterprise to pay a certain margin to obtain a bill, the bank promises to pay on the maturity date, and then the enterprise will hand over the bill to the payee, the bill can be used as funds to circulate, the payee can be the bill as money to continue circulation (through the endorsement), can also be directly to the bank to discount (discount in advance to pay interest).
The business may not be able to come up with that much money, it is in good standing, and it can use a small amount of margin to open an acceptance bill with the bank, and the bank acceptance will pay on the maturity date of the bill.
Paper money orders are valid for six months, while electronic money orders are valid for one year.
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the specific process steps of the acceptance of the bill of exchange;
First, the acceptance procedure:
1. The payer shall accept or refuse to accept the bill of exchange that is prompted for acceptance within 3 days from the date of receipt of the bill of exchange for acceptance. When the payer receives the prompt acceptance bill, it shall also issue a receipt of receipt to the bearer. The receipt shall indicate the date of acceptance of the bill of exchange and sign it.
2 Matters to be noted in acceptance. 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 acceptance date is not recorded on the bill, the acceptance date shall be the third day from the date on which the payer receives the reminder acceptance bill.
3. The payer's acceptance bill shall not be conditional, and if the acceptance is conditional, it shall be deemed to be a refusal of acceptance.
Second, the principle of acceptance:
1. The principle of free acceptance. The payer of the bill of exchange can decide whether to accept it according to its own independent will, and is not restricted by the drawer's designation of it as the payer. Even if the payer and the drawer have a certain financial relationship or according to the acceptance agreement, they should accept the bill of exchange but fail to accept it, and only bear the liability outside the bill.
2. The principle of full acceptance. Article 54 of China's Negotiable Instruments Law stipulates that the payer must pay in full on the day when the bearer prompts payment. Through the provisions of this article, it can be considered that China's Negotiable Instruments Law denies partial acceptance in fact, and if the payer makes partial acceptance, it shall be deemed that the acceptance is conditional, and in accordance with the provisions of Article 43 of the Negotiable Instruments Law, it shall be deemed to be a refusal of acceptance.
This is known as the principle of full acceptance in negotiable instruments law.
3. The principle of simple acceptance. Article 43 of China's Negotiable Instruments Law stipulates that the payer's acceptance of the bill of exchange shall not be conditional; If the acceptance is conditional, it shall be deemed to be a refusal of acceptance, and the effect of acceptance shall not occur. This is known as the principle of simple acceptance in negotiable instruments law.
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A banker's acceptance bill is a type of commercial bill. It refers to the instrument issued by the depositor who has opened a deposit account in the acceptance bank, applies to the opening bank and is reviewed and accepted by the bank, and guarantees to unconditionally pay the determined amount 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, effectively saving capital costs. The use of bank acceptance bills to finance commercial transactions is called acceptance financing.
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Legal Analysis: 1. Bank Acceptance Bill Guarantee; 2. Commercial paper discount guarantee, commercial paper discount guarantee is when the enterprise applies for discount of the unexpired commercial acceptance bill to the bank, the guarantee agency according to the par amount; 3. After accepting the acceptance, the acceptor of the bill must follow the payment requirements on the bill of exchange, and cannot attach any conditions or change the date of acceptance, because the matters recorded on the bill of exchange are negotiated by both parties to the commodity transaction, which has legal effect and cannot be changed at will; 4. The bill of exchange must be prompted before acceptance, and to pay, it must be prompted by the bearer before the maturity of the bill, and the identity of the creditor must be proved at the same time; 5. If the bill of exchange is rejected for acceptance, a rejection certificate shall be written.
Legal basis: "Law of the People's Republic of China on Negotiable Instruments" Article 38 Acceptance refers to the bill of exchange payer promises to pay the amount of the bill of exchange on the maturity date of the bill.
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<> acceptance bill is one of the means of commercial payment, which is characterized by the existence of the trustee, the bearer, the drawer and the payer of the four parties to form a guarantee relationship, this article will be from the concept, types, characteristics, process, precautions, etc., the content of the acceptance bill is introduced in detail, to help readers better understand the acceptance bill.
1. What is an acceptance bill.
1. Concept. Acceptance bill, also known as discount bill, is one of the commercial means of payment, which is characterized by the existence of the trustee, the holder, the drawer and the payer of the four parties to form a guarantee relationship, the trustee has the obligation to collect the amount of the bill of exchange from the drawer within the specified date, so as to achieve payment.
2. Types. Acceptance bills are divided into commercial acceptance bills and bank acceptance bills, commercial acceptance bills are issued by commercial banks, generally before the maturity date of the bill, the trustee discounts the amount of the bill of exchange to the drawer to achieve payment; The bank acceptance draft is issued by the ** bank, and generally before the maturity date of the bill, the trustee collects the amount of the bill of exchange from the drawer to realize the payment.
3. Features. The acceptance bill has a high level of security, with the trustee, the bearer, the drawer and the payer of the four parties to form a guarantee relationship, the trustee has the obligation to collect the amount of the bill of exchange from the drawer within the specified date to achieve payment, therefore, the acceptance bill is a safe and reliable means of payment.
Second, the process of acceptance bills.
1. Invoice. The process of acceptance bill, firstly, the payer issues a payment certificate to the drawer, that is, the bill of exchange, which records the name of the payer, the amount to be paid, the date of payment and the method of payment.
2. Ticket holders. Then, the payer transfers the bill of exchange to the trustee, and after the trustee receives the bill, the bill of exchange is transferred to the bearer, and after the bearer receives the bill, according to the requirements on the bill, before the specified date, the amount of the bill of exchange is paid to the drawer to realize the payment.
3. Payment. Finally, after the bearer pays, the drawer receives the amount of the bill of exchange, and the payer also receives the amount of the bill, so that the process of accepting the bill of exchange is completed, and the payer also realizes the payment.
3. Precautions for acceptance bills.
1. The authenticity of the bill of exchange.
In the process of accepting the bill, the bearer must pay attention to the authenticity of the bill, confirm whether the information on the bill of exchange is true, and whether the bill of exchange is valid, so as to avoid losses caused by the authenticity of the bill.
2. The validity period of the bill of exchange.
The bearer must pay attention to the validity period of the bill of exchange and the base bill, the validity period of the bill of exchange is generally 3 months, during the validity period of the bill, the bearer must pay the amount of the bill of exchange to the drawer before the specified date, in order to achieve payment, to avoid the loss caused by the expiration of the bill.
The acceptance bill is one of the means of commercial payment, which is characterized by the guarantee relationship formed by the trustee, the bearer, the drawer and the payer, and has a high security. The process of acceptance bill is from three steps: invoice, invoice, and payment, and finally realizes payment. When using the acceptance bill, the bearer must pay attention to the authenticity and validity period of the bill of exchange to avoid losses.
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Acceptance bill refers to the bill of exchange that has gone through the acceptance procedures. That is, in the transaction activity, the seller issues a bill of exchange in order to claim payment from the buyer, and the payer indicates on the face of the bill the word "acceptance" and the signature acknowledging the payment due. After acceptance, the payer becomes the acceptor of the bill of exchange.
Those accepted by the purchaser are called "commercial acceptance bills", and those accepted by banks are called "bank acceptance bills".
The acceptance bill was born in Italy in the 14th century, and the early merchants and bankers invented a kind of "four-person bill", that is, there are four signatories on the bill, and they are responsible for signing and having different divisions of labor, including: the importer, the importer's bank (for the acceptance guarantee), the exporter's bank (to provide the actual money in the transaction), and the exporter.
Acceptance bills are divided into bank acceptance bills and commercial acceptance bills, and at the same time, according to the form of existence, bills can be divided into: paper acceptance bills, electronic acceptance bills.
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If the bill of exchange is issued by a bank and can be transferred to the account immediately, the funds have been transferred to the special account at the time of processing; The acceptance bill is paid according to the maturity date of the face value, and a certain percentage of the margin is deposited in accordance with the bank's agreement when handled, which can be divided into two types: the commercial bill is a bill of exchange issued by an enterprise guaranteed by the drawer's own reputation, which is generally used less, and the credibility is low. The bank is issued by the bank and guaranteed by the bank's creditworthiness, and the bank pays directly when it is due, and its credibility and security are high.
To put it bluntly, it is a postdated check that is guaranteed by a bank.
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To put it simply, discounting is when a person has a claim (usually in the form of a bond), but now he wants to use the money and cannot collect the debt, so he sells the debt. And the buyer must have a benefit to buy, will ask for a certain interest, this interest rate is set first, and he buys the creditor's ** is calculated from the future income of the creditor's right and this interest rate. Discounting is the whole process of selling bonds, including pricing and closing.
Acceptance bills are divided into: bank acceptance bills and commercial acceptance bills.
After the expiration of the bank acceptance bill, it is a kind of bill paid unconditionally by the drawer's bank, which is relatively safe, as long as the drawer's bank does not fail, the money can be recovered after maturity, and the risk is small.
The commercial acceptance bill is a kind of bill paid by the drawer at maturity, relatively no guarantee, after the bill expires, if the drawer is unable to pay the money, the bearer is likely not to get the money, not insured, the risk is large. At present, most of the acceptance bills obtained by enterprises are issued by banks.
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