Generally, the acceptor and payer are one person. The drawer and payee of a bank draft are the enterprise, and the acceptor is the bank. The payee, acceptor, and drawer of a commercial draft can be the same person.

The payee of a bill of exchange refers to the person who fulfills the obligation to pay the bill of exchange. Generally, it is the trustee payee. The payee of a bank draft is a bank that participates in the "National Joint Banking Exchange". When it confirms that the bill is authentic, it must pay unconditionally; the payee of a bank acceptance draft is the accepting bank that has signed a commitment agreement with the buyer of the sales contract, < /p>

When the bill matures, regardless of whether the buyer's account deposit is sufficient or not, the buyer must pay unconditionally. Even if he pays with his own money, he must not refuse the payment responsibility; the payer of the commercial acceptance bill is the buyer in the sales contract. The bank where the account is opened is entrusted with payment.

If the deposit in the buyer's account is insufficient, the entrusted payee does not bear the payment responsibility and only returns the bill to the holder or returns it to the holder through the holder's bank where the account is opened. .

Acceptor, the traditional bill law theory holds that the acceptor (bank) of a bank acceptance bill is a non-basic party. The acceptor only joins the bill relationship after issuing the bill, so there is a payee and an endorsee. Application for acceptance.

In the case of good market credit, it is in line with transaction logic for the payee and the endorsee to apply for acceptance. However, in the case of poor market credit, the payee does not believe in unaccepted bills. Only accepted bills will be accepted.

In practice, bank acceptance bills are delivered to the payee after the drawer applies for bank acceptance. The acceptance relationship actually occurs before the bill is delivered. The acceptor exists when the bill of exchange relationship is formed, so In practice, they may also be listed as basic parties.

In addition, the acceptor of a commercial acceptance bill is the buyer of the sales contract. This kind of bill must be accepted by the buyer to be valid as a bill. Therefore, the acceptor of a commercial acceptance bill has dual identities and is naturally the basic party to the bill. .

Extended information:

Bill liability

Once the payee accepts the bill, he becomes the principal debtor of the bill. At this time, the acceptor should bear the responsibility for payment of the bill when due and the final recourse liability.

The acceptor bears the responsibility for payment of the bill when it matures

When the bill is not accepted, the payee is not the obligor on the bill and has no responsibility to pay the bill. At this time, he will not bear any responsibility under the Negotiable Instruments Law because of his refusal to pay. That is, the payee of the bill of exchange is the related person on the bill, not the debtor, and will not bear any obligations under the Negotiable Instruments Law.

However, once the bill is accepted, the payee becomes the bill acceptor, becomes the bill debtor, and begins to assume the bill obligations. The acceptor's liability for the bill arises from his own expression of intention. Once the payee signs and seals the bill, it means that the payee is willing to accept the text contained in the bill and assume liability for the bill.

Bill obligations are divided into primary obligations and secondary obligations. The so-called first obligation, also known as principal obligation or payment obligation, refers to the obligation of the first obligor of the instrument to pay the amount of the instrument to the holder.

The acceptor's responsibility as a bill debtor to pay when due is to fulfill his first obligation on the bill, that is, the payment obligation.

Article 44 of my country's "Negotiable Instruments Law" stipulates: "After accepting the payment, the payee shall bear the responsibility for payment when due." This is confirmed by the negotiable instruments laws of various countries.

For example, Article 52, paragraph 1, of the "Negotiable Instruments Law" in Taiwan, Article 54, Article 28, paragraph 1, of the "Bills of Exchange and Promissory Notes Act" of the United Kingdom, and Article 28, paragraph 1, of Japan's "Bills of Exchange and Promissory Notes Act." Article 28, paragraph 1, of the Geneva Uniform Law on Bills of Exchange and Promissory Notes also stipulates that "the payee shall be responsible for payment when due after acceptance."

The acceptor's payment liability has two meanings:

First, the acceptor's payment liability is primary compared to the payment liability of other bill debtors, that is, the bill of exchange The holder of the note should first request payment from the acceptor on the maturity date. Only when the request for payment from the acceptor is unsuccessful, can it be used as a reason to turn to its predecessor for recourse, but cannot not request payment from the acceptor on the maturity date. Request payment directly from its predecessor.

Second, the acceptor’s payment liability is an absolute payment liability. Even if there is no actual financial relationship between the acceptor and the drawer, the acceptor cannot use this as a defense to fight. Bearer.

This means that even if the acceptor does not receive any benefit from the drawer, he must pay the amount of the bill in response to the obligee's right to request payment. As a kind of bill act, acceptance has the formality and abstractness of general bill acts. As long as it meets the legal conditions, it will be valid as a bill and will not be affected by the capital relationship of the bill of exchange.

However, if the drawer becomes the last holder of the bill due to back-endorsement and requests the acceptor to pay, but on the other hand, the drawer does not provide sufficient funds, then the acceptor can make a claim based on the bill. The underlying relationship raises a defense against the drawer.

The acceptor shall bear the final recourse liability

Once the payer accepts the payment, he must bear the final recourse liability. If the acceptor refuses to pay when due, the holder can exercise his second right of recourse - the right of recourse. Since the holder has previously suffered dishonor from the acceptor, he will have recourse against other bill debtors.

When other debtors of a bill, such as the drawer, endorser, guarantor, etc., become holders of the bill because they are recourse or have voluntarily paid off the bill debt, do they have the right to exercise recourse against the acceptor? Claim? Does the acceptor bear the final recourse liability? In other words, can the drawer who has paid off the subsequent recourse exercise the right of recourse against the acceptor? In my opinion, from the perspective of the Negotiable Instruments Law,

Judging from the specific provisions of the bill, the holder may exercise the right of recourse against any one, several or all of the bill debtors without following the order of the bill debtors. The drawer, endorser, acceptor and guarantor of a bill of exchange shall be jointly and severally liable to the holder.

Situation

The acceptor of the bill of exchange is the final obligor and bears the final liability for recourse. Even the drawer who has repaid the subsequent recourse can still exercise it against the acceptor. recourse. In reality, there is still such a problem: if there is no financial relationship between the drawer and the acceptor;

Or if the acceptor is a bank and there are insufficient funds in the drawer's account, the acceptor should also Should we bear the final payment responsibility? The author believes that different entities should be treated differently depending on the entities exercising the right of recourse or the right of re-recourse. Specifically, it can be divided into two situations:

The first one

The first situation is when the subject exercising the right of recourse against the acceptor is the drawer of the bill. , at this time the acceptor and the drawer are two direct parties with a basic relationship.

According to the second paragraph of Article 13 of my country's "Negotiable Instruments Law", "A bill debtor may defend itself against a holder who has a direct creditor-debt relationship with it who fails to perform its agreed obligations." Therefore, acceptance A person can fight against the drawer based on the basic relationship of the instrument and refuse to bear the repayment obligation.

The second situation

The second situation is that when the subject of rights is the endorser, guarantor or other person of the bill, the acceptor should bear the final recourse liability and bear the final liability. repayment obligations. Because the financial relationship between the drawer and the acceptor belongs to the basic relationship between the two parties,

According to the provisions of Article 13, Paragraph 1, of my country's "Negotiable Instruments Law": "A bill debtor shall not The issuer or the holder's predecessor shall oppose the holder, except where the holder knowingly obtains the instrument. "So, under normal circumstances, the acceptor should bear the final claim. Claim responsibility.

Commercial acceptance bill is a type of commercial bill. Refers to a bill drawn by the payee and accepted by the drawee or drawn and accepted by the drawee.

The unit using the bill must be a legal person with an account at the People's Bank of China, and it must be based on legal commodity transactions. After the bill is accepted, the acceptor (i.e. the payer) has unconditional obligations upon maturity. The bill is responsible for paying the bill. At the same time, the bill can be discounted to the bank and can also be circulated and transferred.

In commodity transactions, when the seller asks the buyer for a bill of exchange for payment, the depositor must sign the word "acceptance" on the front of the bill and stamp the bank's reserved seal. The payee should pay the full amount of the bill to the bank where the account is opened before it expires.

After the bill of exchange matures, the bank voucher is transferred from the paying unit's account to the payee or the discount bank. If the payee's account is insufficient for payment when the bill of exchange expires, the bank where the account is opened will return the bill to the payee, and it will be settled by the recipient and the payer themselves. At the same time, the payer shall be subject to a penalty of one percent of the face amount in accordance with the bad check provisions.

Reference materials: Baidu Encyclopedia - Acceptor ?Baidu Encyclopedia - Commercial Acceptance Bill