What Is an Accepting Bank?
Bank acceptance is the bank's commitment to the acceptance applicant to pay the bill to the holder on the due date of the bill. Commercial drafts promised by banks are bank acceptance bills. The acceptance method is as follows: the acceptance applicant applies for a ticket holding and purchase and sale contract to its bank account, and after review, if the bank agrees, it signs an acceptance contract with the applicant and signs the draft The accepting bank charges the applicant a handling fee at a certain percentage of the face value. China's acceptance fee ratio is between 0.5% and 1%, and each less than 5 yuan is charged at 5 yuan. Once the bill of exchange is accepted, the applicant shall deposit the full amount of the bill with its bank before the bill of exchange expires. The bank will transfer the payment to the payee or discount bank with a ticket on the due date. [1]
Bank acceptance
- bankers'
- Commercial bills are divided into
- (1) Legal persons and other organizations that open deposit accounts with acceptance banks;
- (2) Have a real entrusted payment relationship with the accepting bank;
- (3) Can provide legally valid purchase and sales contracts and their VAT invoices;
- (4) Have sufficient payment capacity, good settlement records and settlement credit.
- (5) Good credit relationship with the bank and no record of overdue loans.
- (6) Able to provide corresponding guarantees or deposit a certain percentage of deposits as required.
1. For sellers, providing forward payment methods to existing or new customers can increase sales and improve market competitiveness.
- 2. For the buyer, the use of forward payment to purchase more goods with limited capital minimizes the occupation and demand for working capital, which is conducive to expanding the scale of production.
- 3. Compared with loan financing, financial expenses can be significantly reduced.
- For companies that accept bank drafts
- It is applicable to all kinds of state-owned enterprises, private enterprises, medical and health institutions, institutions, schools, etc. that have a real trade background and demand for deferred payments.
- 1. Endorsement is not continuous. Endorsement discontinuities are the most common mistake for bank acceptance bills. There are currently two discontinuous ways.
- (1) The name does not match the seal. There is nothing in common between the signature of the endorser before and after. For example: A is transferred to B, but the seal of D is stamped at the signing office. B and D are obviously not a unit.
- (2) The name of the endorsement is inconsistent with the seal. The front and back endorsement signatures are missing or multiple characters or the seal is unclear. For example, A is transferred to XX Co., Ltd., but the seal part is XX Co., Ltd., and the seal has the word "share". Or A is transferred to XX Co., Ltd., and the seal part is XX Co., Ltd., and the seal is more than share. The seal transferred from A to B, and B's seal was unclear, making it unrecognizable. In this way, continuity is unrecognizable and affects understanding and payment.
- (3) The endorsement of the riding seal is not standardized or is not stamped.
- 2. The commission payment is wrong.
- (1) Multiple entrusted collections. Among the several endorsements manifested as bank acceptance bills, two or more endorsements were marked with "Entrusted Receipt".
- (2) The entrusted beneficiary bank does not agree with the entrusted beneficiary bank of the settlement voucher. The specific performance is that the bank accepts the commission of XX Agricultural Bank, while the settlement voucher is covered by the settlement chapter of XX ICBC.
- (3) The entrustment receipt is not filled in correctly. The specific manifestation is that the name of the payer is incorrectly filled in, and that of the payee and the account bank are not standardized.
- 3. Endorsement transfer to individuals.
- According to Article 74 of Chapter II of the "Measures for Payment and Settlement", legal entities and other organizations that open deposit accounts with banks must have a true transaction relationship or debt and debt relationship in order to use commercial bills of exchange. The above clauses legally stipulate that bank acceptance bills cannot be transferred to individuals.
- As the accepting bank, we have received the entrusted receipts and bills of exchange from the holder's bank to exclude the possibility of fake bank acceptance bills. The main examinations are:
- (1) Whether the endorsement of the entrusted collection is made, whether the endorsement of the transfer bill is endorsed continuously, whether the signature is in compliance with the regulations, and whether the endorsement uses a sticky note in accordance with the regulations.
- (2) Whether the items recorded in the entrusted receipts are consistent with those recorded in the bill of exchange. However, errors in endorsement of bank acceptance bills directly led to the insolvency of acceptances. Discuss the following solutions with readers in accordance with the "Bill Law of the People's Republic of China", "Implementation Measures for Bill Management", "Measures for Payment Settlement", "Payment Settlement Accounting Procedures" and related laws:
- 1. Endorsement is not continuous. According to Article 33 of the Bills Law: "Bills that are transferred by endorsement shall be endorsed continuously. The holder shall prove the rights of the bills by the continuity of endorsement. Those who obtain the bills by other legal means without endorsement transfer shall be in accordance with law. Prove evidence to prove its bill rights. "It can be seen that when the name is completely inconsistent with the seal, the legality can be proved by legal form to ensure its continuity, and the accepting bank should also release it. The specific performance is as follows: Company A endorses to Company B, but the back cover is the seal of Company C. The endorsement is obviously discontinuous. Through the written certifications of the three companies A, B, and C, the fact is: Company A endorsed it to Company B, and Company B was transferred to Company C, but when Company B was transferred to Company C, it was originally stamped by its own company Without the seal, the company C manager did not understand the endorsement of the acceptance bill, so the above error occurred. Through the above clauses, Company A issued a certificate of endorsement to Company B, and Company B issued a certificate of endorsement to Company C. In this way, by proving evidence in accordance with the law, Company C's billing rights were proved, and the accepting bank should provide the settlement with sufficient evidence. Other endorsement errors, and so on. If the above proofs cannot be met, the right of recourse can be exercised in accordance with the law, requiring the acceptance of a draft exchange or refund.
- 2. The commission payment is wrong. If the entrusted beneficiary bank does not agree with the entrusted beneficiary bank of the settlement voucher and the entrusted beneficiary voucher is incorrectly filled in, the settlement voucher may be wrong, which can explain the situation and re-fill the correct voucher, and the accepting bank should release the payment. However, when there are multiple endorsements of entrusted collections due to the lack of understanding of bank acceptance bill endorsements, one by one is required to legally obtain the continuity of the previous endorsement of the endorsement of the acceptance bills, so as to prove according to law, the accepting bank should also provide the settlement. .
- 3. Endorsement transfer to personal error. Because bank acceptance bills do not allow endorsements to be transferred to individuals, when an endorsement appears in the bank acceptance bills as an individual, there are two solutions: First, the holder can exercise the right of recourse and return it to the former. By analogy, until the drawer is recoursed, asking them to replace the bill or refund it; second, the individual's predecessor reached an agreement with the individual backhand to prove that the endorsement is invalid through a written certificate, and then the individual's former unit entrusted the bank Collection.