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Can acceptance be subject to conditions?

Acceptance cannot be conditional.

Acceptance can be divided into simple acceptance and non-simple acceptance according to whether the payer has any restrictions or additional conditions on the acceptance when making the acceptance statement. Simple acceptance means that the payer accepts the bill without attaching any conditions to the matters recorded on the bill. When the bill of exchange matures, the payer can obtain the full amount recorded in the bill. Acceptances other than this are not simply acceptances. Not a simple acceptance, also known as a conditional acceptance, such as an acceptance that accepts part of the amount of the acceptance bill, with additional stop conditions, additional release conditions, additional prohibitive conditions, etc.

Bill behavior includes:

1. Issuance of bills. The issuance of a bill refers to the act of the drawer making a bill in accordance with the legal form and delivering it to the payee. It includes two behaviors: "making" and "delivering". The so-called "making" means that the drawer makes the bill according to the legal format, records the legal content on the bill and signs it. Since all kinds of bills are now printed by certain agencies, the so-called "making" only involves filling in the relevant content and signing. The so-called "delivery" refers to the act of handing it over to the payee according to the drawer's personal wishes. An act that is not based on the drawer's personal wishes, such as stealing a bill, cannot be called "delivery" and therefore cannot be called a draft. Behavior;

2. Endorsement. Endorsement means the holder transfers the rights of the instrument to another person. The characteristic of a note is its circulation. The main method of transferring an instrument is endorsement, and of course there is also simple delivery. Endorsement transfer is the act of the holder of the instrument, and only the holder can endorse the instrument. Endorsement is the act of transferring the rights of a bill. Once a bill is endorsed and transferred, the rights on the bill are also transferred to the endorsee;

3. Acceptance. Acceptance refers to the act of the payee of a bill of exchange promising to bear the debt of the bill. Acceptance is unique to bills of exchange. There is an entrustment relationship between the invoice and the payee of the bill. The issue of the bill by the invoice does not mean that the payee will definitely pay the bill. In order to ensure that the bill will be paid when it expires, the holder must make payment to the payee before the bill expires. Acceptance reminder. If the payee signs for acceptance, he will be responsible for the due payment of the bill, otherwise the holder has the right to file a lawsuit against him;

4. Participate in the acceptance. Participating in the acceptance refers to a bill behavior in which the preparatory payer of the bill or a third party accepts the bill on behalf of the acceptor for the benefit of the specific bill debtor, so as to prevent the holder from exercising the right of recourse before the maturity date of the bill. It generally occurs when the bill of exchange is not accepted, the payer or acceptor dies, flees, or is unable to be accepted for other reasons, or the payor or acceptor is declared bankrupt;

5. Guarantee. Guarantee refers to an ancillary bill act by someone other than the bill debtor to guarantee the performance of the bill debt for the purpose of bearing the bill debt with the same content. The purpose of bill guarantee is to guarantee the performance of other bill debts. It is applicable to bills of exchange and promissory notes, but not to checks;

6. Guaranteed payment. Guaranteed payment refers to an ancillary instrument behavior in which the payee of a check promises to the holder to be absolutely responsible for payment. Guaranteed payment is an instrument behavior of the payer of the check. Once the check is certified by the payee, and the words "payable" or "guaranteed" are marked on the check and signed, the payee will be absolutely responsible for payment, regardless of whether the invoicer has funds with the payee or not. Whether the drawee makes a presentation within the legal presentation period, or even if the drawee withdraws the payment entrustment, the payee must pay according to regulations.

To sum up, the payer’s acceptance of the bill must be an unconditional acceptance. If there are any conditions attached to the acceptance bill, it will be considered that the payee refuses to accept the bill, then the acceptance will be invalid and the payee will The holder is not the debtor of the bill of exchange and can only demand payment from the drawer.

Legal basis:

Article 33 of the "Negotiable Instruments Law of the People's Republic of China"

Endorsement must not be subject to conditions. If there are conditions attached to the endorsement, the attached conditions will not have the effect of the bill of exchange.

An endorsement that transfers part of the bill amount or an endorsement that transfers the bill amount to two or more people is invalid.

Article 43

The payer shall not attach conditions to the acceptance of the bill; if the acceptance is conditional, it shall be deemed to be a refusal of acceptance.