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If it is because of tax deduction or utility fee collection, you can explain it to the People's Bank of China, and you may be exempted from punishment.
If there is no specific format, it is enough to specify the situation.
You write truthfully, write down the check information such as the date of issuance, and the bank has generated a blank check for some reason. In addition, it should be explained that your unit has a good reputation and has never produced a bad check (according to the facts, if it has been generated before, this point can not be written), and then attach the bank's supporting materials to prove that it is the responsibility of the bank and should be exempted from punishment.
o(∩_o...I wish you a successful appeal, belch, a bow.
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The following is the bank's reference to the bank's defense: the first administrative penalty opinion notice you made on the year, month and day our company received it, and now it has issued this opinion notice. Our company pays a check in the amount of yuan to **** on the year, month and day, and the check number is .
On the same day, there was a . The amount of money to pay the bill is more than enough. As of the fifteenth, the amount on our corporate account is sufficient for the amount of the check.
As of YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY The **** handed over the check to the commercial bank. The company received a letter from the bank on the date of xx-xx-xx, informing the company that the amount of the check in the company's account was less than RMB.
After receiving the notice, our company immediately deposited the account with yuan. The check was pulled by the store on the day of the Lisson year. It has been entered into the account of the other company.
Based on the above, our company did not deliberately open a short order, but took measures in a timely manner when we knew that the amount was not enough, and deposited enough money to pay the ticket. The amount of the check issued by our company is very small, and the amount of the check has now been paid to the other party. This is fundamentally different from the situation of deliberately opening a check under the Negotiable Instruments Law and the Negotiable Instrument Management Method, and the circumstances are minor and there is no harmful result.
Our company has not previously violated the Administrative Penalty Law and has not violated the law. In accordance with Article 27 of the Administrative Penalty Law, please exempt our company from administrative penalties.
Article 27 of the Administrative Punishment Law.
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The plea of violation will not be approved. Defence of a dishonored check.
The contents of the statement of defence:
1. First of all, the reasons for the blank check should be clarified, and the relevant facts should be specified; (For example, due to the operation error of the bank staff, the check was submitted twice, and the balance was insufficient when the second deduction was made, resulting in our company issuing a blank check).
2. Then, on the basis of the facts and reasons, the relevant legal provisions are invoked to clarify the legal basis for exemption from punishment;
3. Finally, in terms of form, it should show its determination to put an end to such acts in the future, or explain that the relevant dereliction of duty has been dealt with or self-examined and corrected.
There is no fixed format for the statement of defense, and the main thing is to write the facts clearly. Be sincere, courteous, and say that nothing like this will happen again.
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People's Bank of China: Our company has received the (2009) notice of administrative penalty opinion of a certain word and a certain number made by your bank on October *, 2009, and hereby issues the following defense opinions on the notice of opinion: 1. Our company has no intention of violating the law subjectively.
2. The circumstances of the case are minor and have not caused harmful consequences. ·· To sum up, this is fundamentally different from the situation of deliberately issuing cheques that are inconsistent with the reserved signature and seal of the Spring Trail Concession stipulated in the Negotiable Instruments Law and the Measures for the Administration of Negotiable Instruments, and the circumstances are minor and do not cause harmful consequences. In accordance with Article 27 of the Administrative Punishment Law, we request that you be exempted from administrative penalties against our company.
Defense unit: ++ company 2008 * month * day.
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According to the relevant provisions, when the act of issuing a bad check is subject to administrative punishment by the People's Bank of China, the person issuing the check has the right to make a statement and defense.
For the internal basis of the statement of defense, the original cause of the blank check should first be stated, and the relevant facts should be specified; then invoke the relevant legal provisions on the basis of the facts and reasons to clarify the legal basis for exemption from punishment; Finally, it should be a formal indication of the determination to eradicate such acts in the future, or a statement that the person concerned has been dealt with or self-corrected.
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Responsibility for issuing dishonored checks.
A bad check refers to a cheque in which the drawer's deposit at the payer's place is insufficient to pay the amount of the bill when the cheque holder requests payment. The Negotiable Instruments Act stipulates that the amount of the cheque issued by the drawer of the cheque shall not exceed the amount of the cheque actually deposited with the payer, that is, no dishonoured cheque shall be issued, which requires the drawer to ensure that it has sufficient funds in the deposit account with the payer to pay the amount of the cheque from the date of issuance to the completion of payment. Those who issue dishonored checks to obtain property by fraud should be investigated for criminal responsibility in accordance with the law.
If the act of issuing a bad check to obtain property by fraud is minor and does not constitute a crime, the Negotiable Instruments Law stipulates that administrative punishment shall be imposed in accordance with the relevant provisions of the state.
The central bank has formulated an administrative penalty system for bad checks.
In the process of using checks, there is a phenomenon of burying some units and individuals to issue blank checks, which not only damages the legitimate interests of the bearer, affects the use and circulation of checks, but also affects the smooth remittance of settlement funds and the economic and financial order. In order to protect the legitimate interests of note holders, maintain economic and financial order, and promote the healthy development of bill business, the People's Bank of China recently issued the Circular of the People's Bank of China on Issues Concerning Administrative Penalties for the Issuance of Bad Checks (hereinafter referred to as the "Circular"), stipulating that the People's Bank of China and its branches shall impose administrative penalties on violations of the issuance of bad checks. The Circular clarifies the following provisions:
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People's Bank of China Branch:
Our company has received the ( ) No. 1 Administrative Penalty Opinion Notice made by your bank on XX, XX, XX, X
Our company will issue a check with an amount of yuan and pay it to **** on the date of year, month and month, and the check number is **. I still have ** on my company account on that dayThere is already enough money to pay the amount on the check.
Until the 15th, the amount on my company's account was enough to cover the check. As of January 21, 2009, the amount of my company's account is **Since ****** transferred the check to the ** comptoir.
On January 21, 2009, our company received a notice from **bank** that there was a check in the company's account that the amount was missing **yuan. After receiving the notice, our company immediately deposited ** yuan into the account. The cheque was cleared by the firm on 09.02.2009.
The other party's company account has been registered. Based on the above, we did not intentionally issue a blank check, and immediately took measures to deposit enough money to pay the amount of the check when we knew that the amount was insufficient. The amount of the cheque issued by our company is not large, and the amount of the cheque has now been paid to the other party.
This is fundamentally different from the situation of deliberately opening a check as stipulated in the Negotiable Instruments Law and the Measures for the Administration of Negotiable Instruments, and the circumstances are minor and do not cause harmful consequences. Our company has not violated the Administrative Penalty Law before, nor has it violated any illegal acts. In accordance with Article 27 of the Administrative Punishment Law, we request that you be exempted from administrative penalties against our company.
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