Legal Subjectivity:
Waiting for the check to arrive before making other payments sometimes wastes a lot of time and affects work efficiency. It would be more convenient if the check is endorsed and transferred directly.
1. What is the endorsee of check endorsement?
Endorsee:
1. The endorsee refers to the person who accepts the endorsement during the endorsement activity. The legal person, other organization or individual who endorses the bill.
2. For the endorsee, all endorsers and original drawers are his predecessors and have the responsibility to ensure that the payer of the bill pays or accepts it when due.
Endorser:
1. Endorsement is a kind of bill behavior and an important way of transferring bills. Endorsement is the act of the holder signing his or her name on the back of a bill of exchange and delivering the bill to the transferee. The holder here is called the endorser, and the transferee is called the endorsee.
2. The main purpose of transferring a bill of exchange through endorsement is to establish a relationship of rights and obligations between the transferor and the transferee. Once the endorser as the transferor signs the bill of exchange, he will undertake the following two tasks:
(1) The endorser must guarantee the bill to all persons who subsequently obtain the bill of exchange, including the endorsee. Will be honored or paid.
(2) The authenticity of the signatures and the continuity of endorsements of all previous hands who have signed the bill of exchange must be ensured. Continuous endorsement means that in the transfer of bills, the signatures of the endorser of the transferring bill and the endorsee of the transferred bill on the bill are consecutively connected.
2. How many days is the validity period of the transfer check?
The validity period of the check is 10 days, counting one day from the beginning to the end of the date. Holidays are postponed.
The payment deadline for transfer checks is 10 days. Checks that exceed the payment period will not be accepted by the bank; the power limit for transfer checks is six months from the date of issuance, and within six months of the issuance of the bill , the payee can request payment from the payer with relevant supporting documents.
As for your check, the issue date is January 27th, and the bank's normal payment period is from February 7th. This means that February 7th is the final payment reminder period. Since banks are closed on February 7th, the deadline for payment prompting is postponed to the first day of banking business, that is, February 8th is the final payment prompting period. If you do not go to the bank business department on February 8th Prompt for payment and the check will be voided.
3. What effect does a check have after it is issued?
The effect of a check means that after the drawer issues the check, the drawer, the payee and the payee are responsible for the consequences. responsibilities or rights. Once a check is issued by the drawer, it will have the following legal effects on the drawer, payee and payee:
1. Effect on the drawer
On the issue of the check As for the drawee, once the check is issued, he shall bear the responsibility to guarantee the payment of the check. my country's "Negotiable Instruments Law" stipulates that the drawer must bear the responsibility to ensure payment to the holder according to the amount of the check issued. Even if the check is not paid due to reasons such as exceeding the time limit for presentation for payment, the drawer shall still be liable to the holder for the instrument. The guarantee liability of the check drawer is, in its nature, different from the second liability of the drawer of the bill of exchange (after acceptance of the draft) and the payment liability of the drawer of the promissory note.
2. Effect on the payee
For the payee of the check, the drawer’s act of issuing the check has no mandatory effect on him. The act of issuing the check itself No obligation to pay is necessarily imposed on the payee of the check. The issuing behavior of the check drawer is the drawer's unilateral act of entrusting the payee to pay. The payee's payment under the legal conditions is only an authority to pay on behalf of the drawer, not a mandatory obligation. As for whether the payer accepts the drawer's entrustment to pay the bearer, it is entirely up to the payer himself. It can be seen that the act of issuing a check cannot bind the payer. However, the payer has an obligation to pay the holder under certain conditions, that is, if there is a financial relationship between the drawer and the payee.
In this regard, my country's "Negotiable Instruments Law" stipulates that when the drawer's deposit with the payee is sufficient to pay the check amount, the payee shall pay in full on the same day. This is an obligation under the Negotiable Instruments Act and the payee of the bill of exchange is not bound by this.
3. Effect on the payee
For the payee of the check, once the drawer issues the check, he acquires the right to request payment from the payee. Since the check is an entrusted security, the act of issuing the check is a unilateral legal act. As for whether the payee has paid, the payee (the holder) has no way of knowing for sure. It can be seen that the payee's right to the bill due to the act of issuing the check is only an expectation right. Unless the payee acts as a guarantee on the check, this right will only become a real right when the check is paid. Guaranteed payment is not the obligation of the payer, nor is it a necessary procedure for payment. Therefore, the payee does not have the right to request the payer to guarantee payment. In addition to requesting payment, the payee can also exercise recourse rights under certain conditions. If the payee is refused payment, he can exercise the right of recourse against his predecessor after completing the preservation procedures within the legal period. To sum up, the endorsee of a check endorsement refers to the legal person, other organization or individual who accepts the endorsed instrument. The endorser is the debtor of the endorsee, and the endorsee is the creditor of the endorser