Financial Treatment: How Much Is The Management System Of Negotiable Instruments?
(1) the issuing system.
Money Order
The items recorded in promissory notes and cheques can be divided into four categories: the items to be recorded, the items to be recorded, the items that do not produce the validity of the negotiable instruments, and the items that can not be recorded.
The items that must be recorded include: the letter of the bill, the entrusted payment, the amount, the name of the drawee, the name of the payee, the date of issue, the signature of the drawer, the date of payment, the place of payment, and the place where the ticket is issued.
Arbitrarily recorded items are: Prohibition of endorsement, endorsement of entrusted receipts, etc. once these items are recorded on a bill, they will produce the validity of the instrument.
The items that do not produce the legal effect of negotiable instruments mainly refer to matters other than negotiable instruments law, such as liquidated damages, bank accounts and so on. These matters neither record nor produce the validity of negotiable instruments.
No items must be recorded, such as conditional payments, uncertain amounts, etc.
The notes on the bill are relevant.
bill
Invalid.
(two) endorsement system.
There are mainly three kinds of endorsement, namely, endorsement of endorsement, endorsement of endorsement and pledge endorsement.
The law of negotiable instruments stipulates that the endorsement must be signed, endorsed, endorsed, endorsed and endorsed. Conditional endorsement and partial endorsement are prohibited. The conditions attached to the endorsement are invalid and the endorsement is still valid. The endorsement only pfers part of the amount or pfers the two party's endorsement, which is invalid.
(three) the acceptance system.
Acceptance is a special act of a bill of exchange. There is no acceptance of promissory notes and checks.
The acceptance system is applicable to bills of exchange. Acceptance means that the payment of bills of exchange is made in accordance with the provisions of the negotiable instruments law.
The acceptance process includes two basic aspects, the acceptance by the holder and the acceptance or refusal of the drawee.
The bill law stipulates that the acceptance must be recorded in the words "acceptance".
Acceptor signature
The date of acceptance.
If there is no record, the acceptance is invalid.
(four) guarantee system.
A guarantee is a behavior on a bill of exchange or promissory note. There is no guarantee for a cheque. The guarantee system is applicable to bills of exchange and promissory notes. The guarantee for a negotiable instrument refers to the behavior of a negotiable instrument other than the debtor of a negotiable instrument, in order to guarantee a specific debtor to perform the obligations of a bill, and to act on a bill.
If the guarantor acts become effective, the guarantor becomes the debtor on the bill, and must bear the guarantee responsibility to all the consequences of the guarantor.
(five) payment system.
Payment is the act of the drawee paying the amount of the bill in the name of the bill in order to eliminate the relationship between the notes.
Payment is divided into broad sense and narrow sense.
Payment in a narrow sense refers to the payment of the drawee.
In addition to the narrow payment, the generalized payment includes repayment of the obligor's payment.
The advance payment made by the bearer in the time limit for legal presentation shall be effective in two aspects. First, the holder can maintain the right to impose the right to impose on his former hand. If the payment is not made within the prescribed time limit, the holder of the bill loses the right of recourse against all his former hands. The holder of the ticket and the cheque also loses the other right of recourse other than the drawer. Two, the acceptor or the drawee should pay the holder once he has been prompted by the holder.
(six) the right of recourse.
The right of recourse is the right of a holder to request the former party, including the drawer, endorser, acceptor and guarantor, to repay the amount, interest and related expenses of the bill before it is accepted or not paid.
The right of recourse is actually a supplement to the right to claim payment. Setting up the right of recourse system is very necessary to ensure that the holder obtains the amount of the bill.
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