How to prompt for payment of electronic commercial acceptance bill ? There is a lot of knowledge in it. After reading it, you will learn a lot. Usually, after collecting the invoice, everyone has several options: first, transfer the invoice to the next party with endorsement; second, It is held until maturity and the acceptor is required to pay; the third is discounting . Today we will first talk about endorsement transfer and prompt payment. Later, we will have the opportunity to use a special topic to specifically talk about the complex discount issue.
After the endorsement is transferred out, the holder of the bill of exchange shall bear joint and several liability
For electronic commercial acceptance bills that do not have "not transferable" written on the note, after normal collection, It can be continued to be endorsed and transferred to the next party (the transferring party is the endorser, and the transferring party is the endorsee), but this does not mean that everything will be fine after the transfer, because according to Article 68 of the " Negotiable Instrument Law " According to the provisions, the endorser shall bear joint liability to the holder, that is, after the holder refuses to pay when presented for payment, he may seek recourse from his previous endorser and require the endorser to pay the face amount.
For example: Company A, as the drawer, issued an electronic commercial acceptance bill to Company B. The bill was accepted by Company A itself. Later, the ticket was endorsed and transferred by Company B to Company C, which in turn endorsed and transferred it to Company D. Finally, the ticket was in the hands of E Company . Company E prompted Company A for payment within 10 days after the ticket expired, but Company A refused to pay. At this time, although Company B, Company C, and Company D are only the endorsers of the bill, Company E can choose to apply to Company A, Company B, Company C, and Company D in accordance with Article 68 of the Negotiable Instruments Law. Any one or several persons, or all of them, may exercise the right of recourse and demand repayment.
Of course, if the indorser is pursued and repays the bill to the holder, he can obtain the bill rights of the note. At this time, the indorser can continue to treat other indorsers, drawers, acceptors, etc. before him. Conduct re-recourse, but if the solvency of the object being re-recourse is limited, the money may not be recovered in the end, and it will inevitably cost a lot of money in the process of recourse and exercising the rights of re-recourse Manpower and material resources.
Prompt payment operation
Important reminder ★★★:
ECDS All functions in the system are in operation It must be handled and reviewed twice, and many companies have two UK online banks, one for handling and one for review, and they are kept in the hands of different people. This leads to the fact that in practice, there are holders who are notified of the operation. At the time of payment, due to the lack of review, the prompt payment request operation was not completed without realizing it. In the end, the bill rights were damaged because the payment prompt date was missed. Therefore, after completing each function operation, the operator must immediately check the ticket status in the upper right corner of the ticket to ensure that the operation has been successfully completed.
Electronic commercial acceptance bill has the following key time points for prompt payment:
The first type: prompt payment operation is carried out in advance before the expiration date
Sometimes, although a certain electronic commercial acceptance bill has not yet reached its expiration date, some banks' online banking systems have already shown that payment prompts can be made. At this time, people often think that by prompting them earlier, they can get the money earlier, so A prompt payment operation was made just before the due date. However, prompting payment in advance before the maturity date is not necessarily a good thing. After all, the acceptor is generally unwilling to pay in advance, and the status of the bill must be paid attention to at any time after the operation, and measures should be taken according to the situation:
① The acceptor pays before the maturity date. This is the most expected result, but the possibility is extremely low.
②The acceptor refuses to pay before the due date. If the bill of exchange has not reached its maturity date, the acceptor can refuse to pay it. After carrying out the prompt payment operation in advance, if you check that the status of the bill is "Prompt for payment has been refused" before the expiration date of the bill, you must pay attention at this time and perform the prompt payment operation again within ten days after the expiry date of the bill, otherwise It is very likely that the right to note will be damaged because the time for presentation of payment does not comply with legal requirements.
③ After the expiration date of the bill, the bill is still in the status of "prompt for payment pending signature". Since the prompt payment is made in advance, the system of the account opening bank will often not complete the corresponding operations on behalf of the acceptor when the acceptor does not perform the operation. Therefore, this ticket will always be in the status of "prompt payment pending signature". At this time, if the time is still within ten days after the expiration date, you can withdraw the first reminder payment application, and then immediately initiate a new round of reminder payment. However, you must consult your online banking account bank before operating to ensure that all The operation is smooth and avoids prompting for payment again due to system reasons. If the time is later than ten days after the expiration date; if the time has passed ten days after the expiry date, or you have confirmed with your bank that it is too late to withdraw or make a new payment prompt again, then you should not operate the bill at will and should promptly Exercise the right of recourse (we will talk about the exercise of the right of recourse in the next issue).
④The acceptor refuses to pay the bill after the maturity date. At this time, you can file a recourse directly in the system. If the recourse fails, you should file a lawsuit in time.
The second type: Prompt payment within ten days after the maturity date (strongly recommended ★★★)
Article 53 of the "Negotiable Instruments Law" stipulates that the holder of the bill should present payment within 10 days after the expiry date of the bill, so this is The most normal operation. However, it should be noted that once the bill of exchange expiration date arrives, the prompt payment operation should be carried out as soon as possible. Do not step on the last time point. Otherwise, if the last time point encounters a holiday or happens to be in the ECDS system or the bank itself, If a BUG occurs in the system, it will cause unnecessary trouble. When making prompt payments, online settlement is generally chosen. After the prompt payment operation is carried out normally, the operator can check that the status of the bill is "Prompt for payment pending receipt", and the acceptor can perform the corresponding payment operation. In general, if the acceptor leaves it unprocessed, the system will Will be there too Automatic receipt and transfer operations are carried out within a certain period (usually 3 days). If there is no money in the acceptor's account, the system will automatically refuse payment, and the holder can see that the bill status is "Prompt payment has been refused." "At this time, the bearer can exercise the right of recourse.
It should be noted that when prompting for payment, you generally choose "online settlement". If you choose "offline settlement", sometimes the drawer will ask you to withdraw the prompt payment application on the grounds that offline settlement is troublesome. You must be cautious at this time and do not withdraw easily. If your re-prompt payment operation is overdue, it will damage your bill rights. If you are not sure, it is best to follow the offline clearing procedures honestly.
The third type: Prompt for payment within ten days from the expiration date to two years after the expiration date
In this case, only overdue payment prompting can be performed (an explanation is required) At this time, according to the provisions of Article 53, Paragraph 2, of the Negotiable Instruments Law, the acceptor or payee shall continue to bear the payment liability to the holder. However, if payment is refused, the acceptor or payee shall lose the right to recover from the previous holder. To claim rights, you can only request payment from the acceptor. If the acceptor is weak, you will never get the money back.
The fourth method: Prompt payment two years after the expiration date of the bill
Don’t think about it. Article 17 of the "Negotiable Instruments Law" stipulates that the rights of the holder against the drawer and acceptor of the instrument will be extinguished if it is not exercised within two years from the maturity date of the instrument. The 2 years here belong to the exclusion period , which will not be suspended, interrupted or extended for any reason, and is not the same concept as the statute of limitations. Next time, we’ll talk about recourse.
(Source: Lawyer Zhao Lili Yuan Nuo)
(Article, Wuhan Tianxiatong Commerce, WeChat HP581930)
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-