1. The concept of bill can be divided into broad sense and narrow sense.
2. Generally speaking, a generalized negotiable instrument refers to a negotiable securities issued by the holder in business, unconditionally agreeing or asking others to pay a certain amount, and the holder enjoys certain rights. Such as: bills of exchange, promissory notes, checks, bills of lading, certificates of deposit, stocks, bonds, etc.
3. In a narrow sense, a negotiable instrument only refers to the negotiable securities for the purpose of paying money, that is, the negotiable securities issued by the drawer according to the negotiable instrument law and unconditionally paid by himself or others to the payee or holder. In China, bills in a narrow sense generally refer to drafts (bank drafts and commercial drafts), checks (cash checks and transfer checks) and promissory notes (bank promissory notes and personal promissory notes).
Classification and definition of acceptance bills.
1. Bill of exchange is one of the most common types of bills, which is issued by the drawer and requires the drawee to unconditionally pay a certain amount to the payee or holder at sight or within a certain period of time.
2. Bills of exchange can generally be divided into bank bills and commercial bills. The main difference between the two is that the drawer of a bank bill is a bank, and the drawer of a commercial bill is an industrial and commercial enterprise.
2. 1. Bank draft refers to the bill issued by the issuing bank and unconditionally paid to the payee or holder according to the actual settlement amount at sight. The issuing bank of bank draft is the bank that handles bank draft with the approval of the People's Bank of China. It is mostly used to handle transfer settlement and cash withdrawal in different places, and it is unconditionally paid to the payee or holder according to the actual settlement amount when seeing the bill. Bank draft has the characteristics of flexible use, ticket arrival with people and strong liquidity. , which is applicable to commodity transactions such as payment before delivery or currency and goods settlement.
2.2. A commercial bill is a bill issued by the drawer, which entrusts the payer to unconditionally pay a certain amount to the payee or holder on a specified date. The payment term of a commercial bill shall not exceed 6 months at the longest (electronic commercial bills may be extended to 1 year). Compared with bank draft, the scope of application of commercial draft is relatively narrow. Only enterprises and institutions conduct legal commodity transactions according to purchase and sale contracts can they issue commercial draft. In addition to commodity trading, other aspects of settlement, such as labor remuneration, debt settlement, capital lending, etc. , cannot be settled by commercial draft.
Acceptance bill is the most common commercial bill, which can be divided into commercial acceptance bill and bank acceptance bill according to the identity of the acceptor.
3. 1. Commercial acceptance bills, referred to as commercial bills for short, are long-term bills issued directly by the drawer and accepted by organizations or institutions other than banks.
3.2. A bank acceptance bill, referred to as a silver bill, is issued by the drawer and the acceptor is a bank time bill. Acceptance is a typical "credit" business, that is, banks lend their credit to the market, which is essentially a joint liability guarantee for the drawer's ability to pay. Compared with commercial tickets, silver tickets have higher credibility and wider application scope.
4. According to the carrier and material, it can be divided into paper acceptance bills and electronic acceptance bills. The acceptance bill that replaces the original paper physical bill in the form of data message is called electronic acceptance bill, which is referred to as electronic bill in the industry for short.
Brief introduction of electronic acceptance bill.
1. Electronic acceptance bill is the inheritance and development of paper acceptance bill. In recent years, electronic acceptance bills have gradually become popular and will completely replace paper acceptance bills. Compared with paper acceptance bills, electronic acceptance bills are more secure. There is no difference between the rights and obligations of bills and paper acceptance bills.
The difference is that the electronic acceptance bill replaces the original paper entity bill in the form of data message, the entity signature with electronic signature, the manual transmission with network transmission, and the manual writing with computer input, thus realizing the complete electronization of bill business processes such as issuance, circulation and payment.
2. Advantages of electronic acceptance bills: electronic acceptance bills can ensure their uniqueness, integrity and security by adopting electronic signature and reliable security authentication mechanism, and reduce various risks such as cloning, alteration, forgery, loss and damage of bills; The issuance, guarantee, acceptance, delivery, endorsement, pledge, discount, discount and rediscount of electronic bills are all carried out on the electronic commercial bill system, which can improve the circulation efficiency of bills, reduce manpower and financial costs, and effectively improve financial and commercial efficiency.
3. Electronic commercial bill system (ECDS for short) is a comprehensive business processing platform approved by the People's Bank of China, which receives, registers and forwards electronic commercial bill data messages, provides services related to monetary payment and fund settlement of electronic commercial bills, and provides paper commercial bill registration inquiry and public quotation service of commercial bills.
4.ECDS was completed and put into operation on October 28th, 2009, with a working schedule of 7* 12 hours and running from 8: 00 to 20: 00 every day. According to the Notice of the People's Bank of China (Yinfa [2017] No.73), since September 2065 438+07, the operator of the ECDS system has been changed from the clearing center of the People's Bank of China to the Shanghai Bill Exchange. After the change of operators, the development and popularization of electronic acceptance bills have obviously accelerated.
After 5.20 1 September 71,the registration and inquiry function module of ECDS paper commercial bills will be closed, and the Administrative Measures for Registration and Inquiry of Paper Commercial Bills (Yinfa [2009] No.328) will be abolished at the same time. After the paper commercial bill registration and inquiry function module is closed, only the system participants who opened the module will automatically quit ECDS. The electronic commercial bill business processing function module continues to be opened, and the operation mode remains unchanged.
Relevant elements of acceptance bill.
Taking the bank acceptance bill as an example, this paper explains the relevant elements of the acceptance bill: as mentioned above, the bank acceptance bill is a bill issued by the drawer, accepted by the bank, and entrusted by the payer to unconditionally pay a certain amount to the payee or holder on a specified date. Then, what are the bill behaviors of bank acceptance bills?
1, grabbing tickets.
The act of issuing a ticket is the act of making a bill according to law and giving it to the payee for the purpose of establishing the rights of the bill. The act of issuing tickets, also known as the act of issuing bills, is the basis of bill relationship. The act of issuing a ticket includes two contents: making a bill and signing it; Give the bill to the payee. Only after the bill is made and delivered can the act of issuing a ticket be considered complete.
Bill is an indispensable security, and only when the drawer records the legal contents on the bill can the bill take effect; A bill that lacks legal contents such as the name of the drawer, the name of the payee, the time and place of payment of the bill amount, the time and place of issue and the signature of the drawer cannot be regarded as valid even if the delivery behavior has been completed. Therefore, the behavior of issuing tickets is a basic bill behavior, also known as the main bill behavior.
2. Accept the behavior.
Acceptance is a subsidiary bill behavior, which is based on the establishment of bill issuance behavior. Acceptance behavior must be carried out on a valid bill of exchange before it can take effect. Acceptance is a bill behavior made by the bill payer, which means that he pays the bill amount on the due date; When the bill is marked with "acceptance" and signed, the act of accepting the bill is completed.
In commercial transactions, when both parties agree to pay the payment within a certain period of time, the payer can apply for bank acceptance by virtue of this agreement. After the bank agrees, it shall go through the acceptance formalities in accordance with relevant regulations. Under normal circumstances, an acceptance fee of 0.5‰ of the acceptance amount is charged.
3. Endorse.
Bill circulation is the transfer of bill rights by endorsement. Endorsement is the act that the holder of a bill signs and signs on the back of the bill, and grants the rights of the bill to others. Endorsement also includes two contents, that is, endorsement on the back of the bill and delivery of the endorsed bill to the endorsee. Endorsement can be divided into transfer endorsement and non-transfer endorsement. In general, unless otherwise specified, endorsement refers to transfer endorsement. Due to the endorsement transfer, the endorser is jointly and severally liable for the bill debt, and the endorser replaces the endorser as the new holder and obtains the bill creditor's right.
4. Guarantee behavior.
Guarantee behavior is the behavior of the bill guarantor to guarantee the debt, that is, the third party other than the bill debtor guarantees the performance of the bill debt. The debtor of the bill, including the drawer, endorser and acceptor, can be the object of guarantee, which ensures the legal relationship between the guarantor and the guaranteed. The responsibility of the guarantor is limited to the responsibility of the guarantor, so different guarantors have different responsibilities.
5. Discount.
Discounting means that the payee transfers the unexpired commercial acceptance bill or bank acceptance bill endorsement to the bank, and the bank deducts the interest from the discount date to the maturity date of the bill according to the par value to pay the remaining amount to the holder. When a commercial bill expires, the discount bank will collect money from the acceptor of the bill according to the bill. Due to the high credit rating of bank acceptance bills, the discount business provided by general commercial banks mainly refers to bank acceptance bills.
The holder of a bank acceptance bill may apply to the bank for discount with the unexpired bank acceptance bill, and collect the fare in advance. After deducting a certain discount, the bank pays the holder a certain amount.
6. Take an oath.
Bill pledge is a kind of pledge established with bill as the subject matter. Bill pledge establishes the endorsee's qualification to exercise bill rights conditionally. This condition is not the establishment condition of pledge, but the exercise condition. In other words, the pledgee only enjoys the right to expect the exercise of the bill rights. The holder may apply for a pledge loan from the bank with the unexpired bank acceptance bill, but the term of the pledge loan is mostly short-term, and generally it shall not be longer than the maturity date of the bank acceptance bill.
7. report the loss.
If the holder loses a bank acceptance bill, he may apply to the accepting bank for reporting the loss. Reporting the loss and stopping payment refers to a relief way of bill loss, in which the loser informs the payer of the loss of the bill and requests the payer to stop payment, and the payee decides to stop payment when the bill has not been obtained by others.
8. Payment behavior.
The acceptor or drawee of a bill of exchange, the drawer of a promissory note and the drawee of a cheque pay the amount of the bill to the holder and withdraw the bill. When the payment behavior is made, the holder's bill creditor's rights are realized, the circulation process of the bill ends, all the debtors on the bill are relieved of their responsibilities, and the creditor-debtor relationship of the bill disappears.
9. Entrusted collection.
Entrusted collection, referred to as collection, refers to the settlement method in which the payee entrusts the bank to collect money from the payer. After the bank acceptance bill expires, the holder may entrust his bank to collect the fare from the payer through entrusted collection and settlement.
Matters needing attention in accepting bills of exchange.
Matters needing attention in accepting paper acceptance bills (taking silver bills as an example).
Point 1: drawer and payee: whether the full name is consistent with the seal.
The second point: the issue date and expiration date must be capitalized, and zero must be added before 10 month.
The third point: the amount should be capitalized and standardized.
The fourth point: the seal must be complete, clear and standardized.
Fifth point: there can be no alterations and typos on the face.
Point 6: The face elements must be filled in, including bill number, drawer's full name, drawer's account number, drawee's full name, payee's account number, drawee's bank, line number, maturity date, date of issue, bill amount and necessary seal. When filling in the amount of capital draft: the first word must be similar to the words in capital RMB.
Seventh point: Endorsement must be continuous. If the endorsement is discontinuous and the issuing bank fails to issue a certificate, the ticket is invalid.
Eighth point: the endorsement handwriting and seal must be clear and correct, and the seal must be complete. The seal and the company's seal cannot overlap, nor can they both be placed outside the box. The handwriting of endorsement must be clear. Try not to use Lian Bi, preferably block letters. Otherwise, another bank will find fault and think it is a typo and will not cash or honor it.
Ninth: Pay special attention to the riding seal endorsed with post-it notes. The riding seam must be stamped with the riding seam seal, and the riding seam must not be stamped with one seal, and the riding seam must not be stamped with another seal. If you stamp the special seal for the bill of exchange. Endorsement seals should try to avoid steel seals.
Point 10: The seals of the endorser and the endorsee must be complete. If there is an error in the face-to-face signing or endorsement, a certificate must be issued. Otherwise, the bill is invalid.
Discount of acceptance bills.
1. Types and characteristics of discounts.
1. 1. Discounting of bank acceptance bills.
Discounting bank acceptance bills refers to a financing business in which small and medium-sized enterprises apply for cash in advance with bank acceptance bills at a certain discount rate to obtain funds when they have capital needs. When a bank accepts a bill of exchange, it will prompt the acceptor to pay, and the bank reserves the right of recourse against the discount applicant.
1.2. Discounting of commercial acceptance bills.
Discounting commercial acceptance bills refers to a financing business in which small and medium-sized enterprises apply to cash commercial acceptance bills in advance at a certain discount rate to obtain funds when they have capital needs. When the commercial acceptance bill expires, the bank will prompt the acceptor to pay. When the acceptor can't pay, the bank reserves the right to recourse against the discount applicant.
2. General discount processing flow.
* Bank acceptance bill
* capital declaration and bill transaction document review
* data entry, discount voucher making
* Compounding, signing and stamping of the contract.
* Payment
Remarks: In the era of electronic bills, online banking and electronic bills are required for bill discounting.
3. Calculation of discount interest.
Discount interest means that the holder of the acceptance bill applies to the bank for discount with the unexpired acceptance bill, and the bank agrees to give cash, but the bank must calculate and deduct some money from the amount of the bill according to the discount rate and the remaining days of the acceptance bill, and this part of the money deducted from the amount of the acceptance bill is discount interest.
Discounted amount paid refers to the net amount of the bill minus the discount interest payable, that is, the amount actually obtained by the holder of the bill after discount.
According to the relevant regulations, the discount interest shall be calculated according to the discount amount, discount days (the days from the date when the bank pays the discounted bill to the discount unit to the day before the bill expires) and the discount rate. Calculation method of bill discount interest:
* Discount interest = bill maturity value x discount rate x discount days /360.
* Discount days = actual days from discount date to bill maturity date-1.
* Discount interest formula: Discount interest = face value × discount days × daily discount rate.
* face value-discount interest = payment amount.
* monthly discount rate = annual discount rate12.
* daily discount rate = monthly discount rate ÷30.
* Actual amount paid = face value-discounted interest.
Remarks: Different banks have different discount rates.
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4. Give an example.
The face value of bank acceptance bill is 6,543,800 yuan, and the maturity date is 2065.438+July 20, 2009. If the holder applies to the bank for discount (3 months) in April, 265.438+0, and the annual interest rate of the bank is 5%, the discount interest = 1000000 * 90 * 5%/360 =. (Note: When the annual interest rate is converted into daily interest rate, it is generally calculated as 360 days a year. )
Remarks: The examples given here are only for the convenience of understanding. In practice, factors such as holidays and on-the-way may need to be considered.
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Case series:
Above, we have learned a lot about the relevant elements of acceptance bills. Finally, let's talk about some important knowledge points mentioned above through a fictional case to increase your perceptual knowledge.
Mr. Li founded a wood processing factory in J province, and his business is booming. The processed wood was robbed by several furniture factories around before it left the factory, so Mr. Li decided to expand the scale and sell it all over the country. At the first stop, he aimed at Y province and invited several furniture factories in Y province to discuss business.
The negotiations went smoothly, but when discussing the settlement method, the buyers of these furniture factories all said that it was the first time to cooperate, and they were not worried about Mr. Li's wood and were unwilling to transfer money through online banking before picking up the goods. It is also unrealistic to pick up the goods in cash. When the goods arrived at the other side, Mr. Li Can refused to accept payment. In a dilemma, he called Xiao Yi, a good friend of the financial industry, and told him about his difficulties.
After listening to the words of the original Committee member, Xiaoyi said that it was very easy to solve. All you have to do is let the other party settle the account by bank acceptance bill, which completely solves your problem. The acceptance bill indicates the acceptance time and amount, that is, during the acceptance time, the holder takes the bank draft to the bank to ask for the acceptance amount, and the bank will unconditionally cash it to the holder.
Mr. Li asked: What should I do? Xiaoyi said that it is necessary for the other enterprise to apply to its bank, and with the consent of its bank, it is guaranteed to unconditionally pay a certain amount to the payee or holder on the specified date. Banks are willing to issue acceptance bills to enterprises, provided that enterprises pay a deposit. How much margin to pay depends mainly on the nature, operation and credit status of the enterprise in the bank. In some cases, there is no need to pay the deposit at all.
Xiao Yi also said: In view of the bank's credit, bank acceptance bills have high security. Compared with the silver ticket, even if you send a salesman to a different place to watch the other party's wire transfer settlement, it is not safe. On the one hand, the receipt of the remittance procedure is in the payer's hand, and on the other hand, the wire transfer has an irrevocable time difference.
Mr. Li said: once I get the bank acceptance bill paid by the other party, the other company can't ask the bank to cancel it.
Xiaoyi said: Yes.
According to the suggestion, Li reached an understanding with these furniture factories in Y province on the settlement method and cooperated with several businesses. When the acceptance bill paid by the furniture factory expires, the financial personnel of Li head office apply for collection from the company bank with the ticket, and the money arrives smoothly. Li is very happy.
In a blink of an eye, the end of the year, Mr. Li held a Spring Festival reception. At the reception, Mr. Li made a toast to Xiao Yi and expressed his special thanks. He said with emotion: taking the order really helped me a lot.
Xiao Yi said: Mr. Li, in fact, besides helping you collect money safely when developing new business, the bank acceptance bill is also a kind of financing in disguise, which means that you can not only receive money by silver ticket, but also suggest that you pay by silver ticket.
Mr. Li asked curiously: What do you mean?
Xiao Yi said: For example, your company requires your bank to apply for opening a bank draft. After investigating your company, the bank found that your company's operating conditions and credit are good, so I tell you that you can open a bank acceptance draft of 1.5 million yuan for the goods you buy, which is equivalent to the bank giving you a credit of 1.5 million yuan in disguise.
Hearing this, Mr Li was overjoyed. Due to the expansion of production, the company lacks liquidity. With such channels, of course, there is no need to use them in vain. In the second week, Mr. Li needs to pay quarterly log purchase money 1 10,000 yuan to a forest farm in the upstream. Through consultation with the forest farm, Mr. Li's financial staff took the agreement with the forest farm, applied to the bank and went through the relevant procedures, and provided the forest farm with a face value of 6.5438+0 million yuan.
Because the forest farm has to pay 800,000 yuan for land contract in the second month, and there is only 300,000 yuan in cash in the account, they can't wait for three months after receiving the bank acceptance bill issued by Li's head office. So the forest farm sold this unexpired bank acceptance bill to the bank (that is, applied to the bank for discount). After the bank reviewed the discount calculation, it gave the forest farm 987,500 yuan in cash, and the forest farm successfully made up for the funding gap of 500,000 yuan for land contracting.