The bearer of the bank draft pays beyond the prescribed time limit

The applicant of the bank draft is only a related person of the draft, and has no obligation to refund the overdue bank draft and re-entrust the bank to handle the draft. According to the provisions of Article 36 of the Payment and Settlement Measures: "If the holder of a bank draft or bank cashier's check prompts payment beyond the prescribed time limit, it shall lose the right of recourse against the former hand other than the drawer, and the holder may still request payment from the drawer after making an explanation."

Therefore, the bearer can only find the bank of the ticket and ask for payment. The reason why banks have misunderstandings in their operations is mainly due to their lack of understanding of the Negotiable Instruments Law, Payment and Settlement Measures and other laws and regulations. In fact, the "payment and settlement accounting procedures" on the payment of bank drafts beyond the payment deadline has been very clearly stipulated, the issuing bank can not be the bank draft applicant for a refund and the bill of exchange holder beyond the payment deadline prompt payment confusing, the two are different in the procedures, the former needs to return the money to the applicant's account or return the cash according to the regulations, the latter through the remittance and temporary deposit account for the holder to re-handle the bill of exchange or remittance.

A and C according to the law. The other two answers are absolutely incorrect.

The payment period of the bank draft reminder is 1 month from the date of issuance. If the bearer exceeds the payment deadline and prompts payment, the payer (bank) will not accept it.

In a broad sense, negotiable instruments law refers to various legal norms involving the adjustment of negotiable instrument relationships, including not only special negotiable instrument laws and regulations, but also other laws and regulations related to negotiable instruments. In a general sense, the negotiable instrument law refers to the negotiable instrument law in the narrow sense, that is, the special negotiable instrument law norms, which stipulates the type, form and content of negotiable instruments, clarifies the rights and obligations between the parties to negotiable instruments, and adjusts the legal norms of various social relations arising from negotiable instruments. Negotiable instruments law is a general term for the legal norms that regulate negotiable instrument relationships.

For details, please refer to Article 1 of the Payment and Settlement Measures.

Legal analysis: if the bearer does not receive payment beyond the prompt payment period, he shall explain to the issuing bank within the limitation period of the right of the instrument, and provide his identity document or unit certificate, and may request payment from the issuing bank with a cashier's check. When the applicant requests a refund due to the cashier's check exceeding the prompt payment deadline or other reasons, the cashier's check shall be submitted to the issuing bank, and if the applicant is a unit, a certificate of the unit shall be issued; If the applicant is an individual, the applicant shall present his/her own identity document.

For the applicant who has opened a deposit account with the Bank, the issuing bank can only transfer the money to the original applicant's account; Cash refunds are only available for cash cashier's checks and applicants who do not have a deposit account with the Bank.

Legal basis: Article 73 of the Negotiable Instruments Law of the People's Republic of China stipulates the concept of a promissory note. The so-called promissory note is a bill issued by the drawer, promising to unconditionally pay a certain amount to the payee or bearer when he sees the bill.

Answer]: B This question assesses the prompt payment deadline of the bill of exchange of the business of the business. The payment deadline for commercial drafts is within 10 days from the date of the draft.

The holder of the bank acceptance bill shall prompt the payer to pay within 10 days from the due date of the bill. The bearer shall, within the prompt payment period, entrust the collection through the opening bank or directly to the payer to prompt payment. For the entrustment of collection in different places, the bearer should calculate the mail, in advance through the opening bank entrusted to collect.

If the bearer exceeds the prompt payment deadline, the holder's bank will not accept it. By entrusting the receiving bank or through the clearing system to the payer to prompt payment, as the holder of the prompt payment, the date of prompt payment to the holder to the opening bank to submit the bill shall prevail. The holder of the bank acceptance bill exceeds the prescribed prompt payment deadline, and loses the right of recourse against its predecessor.

The bearer is not in accordance with the above-mentioned deadline to prompt payment, after making an explanation, can still request payment from the acceptor, the acceptor or payer should continue to bear the responsibility for payment to the holder.

If the bearer of the bill of exchange does not prompt payment within the statutory time limit, the reason for not prompting payment shall be written to the acceptor, and the payment may be directly prompted to the issuing bank of the bill of exchange

Legally, the bearer loses the right of recourse against the payer.

The holder of the commercial bill of exchange does not prompt payment within the prescribed time limit, the legal consequence is that the holder loses the right of recourse against its predecessor. Of course, without the right of recourse to its predecessor, it does not mean that the bearer will not get the bill of exchange, after making an explanation, the bearer can still require the acceptor or payer to pay.

The following hand delay is the provision of the bill statute.

Paragraph 2 of Article 53 of the Negotiable Instruments Law of the People's Republic of China:

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.

Payment and Settlement Measures

Article 36th commercial bill holder more than the prescribed period of prompt payment of the blind money, loss of recourse to its predecessor, the holder after making an explanation, can still request payment from the acceptor.

Answer: Chain or limb]: c

The prompt payment period of the cashier's order shall not exceed 2 months from the date of issue. If the ticket holder exceeds the payment deadline and prompts payment, the payment group will not be accepted.

Summary. The term of payment of cashier's check shall not exceed one year. A cashier's check refers to a financial instrument in which the bank issues a pledge commitment in the form of a promissory note issued by the bank, and the pledged amount is to pay the buyer for the goods to meet the seller's payment requirements.

The payment term of a cashier's check is related to the legal provisions of the place where the bearer is located. Generally speaking, the payment term of a cashier's check shall not exceed one year, and the validity period of less than one year is the validity period of the cashier's check. The date of payment of the cashier's check must be indicated on the cashier's check.

Within the payment period, the bearer can make a payment request to the issuing bank to pay for the goods. After the payment deadline of the promissory note, the bearer will not be able to make a payment request to the issuing bank to realize the payment.

The term of payment of cashier's check shall not exceed one year. A cashier's check refers to a financial instrument in which the bank issues a pledge commitment in the form of a promissory note issued by the bank, and the pledged amount is to pay the buyer for the goods to meet the seller's payment requirements. The payment term of a cashier's check is related to the legal provisions of the place where the bearer is located.

Generally speaking, the payment term of a cashier's check shall not exceed one year, and the validity period of less than one year is the validity period of the cashier's check. The date of payment of the cashier's check must be indicated on the cashier's check. Within the payment period, the bearer can make a payment request to the issuing bank to pay for the goods.

After the payment deadline of the promissory note, the bearer will not be able to make a payment request to the issuing bank to realize the payment.

Is my 62-year promissory note expired and invalid?

Yes, the 62-year promissory note has expired and is void. The payment term of the cashier's check shall not exceed 3 years, and the promissory note will be considered invalid.

Good! I see, thanks!

Can't take the principal either?

The 62-year-old promissory note has expired and is void, and the principal cannot be taken. In China, a promissory note is valid for 3 years, and it is automatically invalid after expiration, and the principal cannot be recovered. If the promissory note is not performed on time before expiry, the principal and interest shall be fully recovered.

The payment period shall not exceed 2 months from the date of ticket issuance.

Use tips. 1. The cashier's check can be used for transfer, the cashier's check with the word "cash" can also be used to withdraw cash, and the applicant and payee of the cashier's check are individuals;

2. The cashier's check can be endorsed and transferred, and the cashier's check filled in with the word "cash" cannot be endorsed and transferred;

3. The waiter of the cashier's check reminds that the payment period is 2 months from the date of issuance;

4. When the holder of the deposit account opened in the bank prompts the bank to make payment, the individual bearer who has not opened a deposit account in the bank shall sign on the back of the cashier's check to record the name, number and issuing authority of his identity document;

5. If the cashier's check is lost, the person who loses the bill may request payment or refund from the issuing bank with the certificate of enjoyment of the right to the bill issued by the people's court.

Analysis of the key to the dissolution of the system shed talk faction].

The holder of the commercial bill of exchange exceeds the prescribed time limit to prompt payment, the loss of recourse to its predecessor, the holder of the note after making an explanation, can still request payment from the acceptor. Therefore, choose B.