1 First of all, understand what endorsement is.
Endorsement is a bill behavior and an important way of bill transfer.
Endorsement means that the holder signs the back of the bill and delivers it to the transferee. The bearer here is called an endorser, and the transferee is called an endorsee.
To put it simply, A draws a draft for B, where A is the drawer and B is the holder and transferee; B sends this bill to C, writes down the situation on the back of the bill and signs his name B. At this time, B is the endorser, C is the endorsee, and C becomes the new holder; And so on.
The endorsee is the transferee of the bill, and he has the right to obtain all the rights of the endorser on the bill.
2. How to distinguish between endorser and endorsee?
The first person to sign the back of a bill is an endorser. However, because the endorsement of the bill is coherent, the endorser only corresponds to the endorsee.
The last holder of the ticket must be the endorsee 1, and the person who endorses him is the endorser 1. But this endorser 1, in the previous delivery, he was endorsee 2, and his previous hand was endorser 2.
Extended data:
Endorsement method:
There are three main ways to endorse:
1. Limited endorsement
Some qualified endorsements stipulate that a bill of exchange is only delivered once, and the transferee can only use the bill himself without the right to transfer it again. If the endorser signs the back of the bill, indicating "only ××× (name of the endorsee)" or "payment to ××× (name of the endorsee) is not transferable". Others give some additional conditions, "when xxx, pay xxx (endorser's name), and endorse when the conditions are met." Some endorsers declare that the holder can only deposit the bill in the bank and cannot use it for other purposes. Specific endorsement, also known as registered endorsement, has both the transferor's signature and the transferee's name, but there is no such word as "only non-negotiable". If the endorser signs on the back of the bill, it should be marked "payable to ××× (name of the endorsee) designated person" and so on. Bills so endorsed can be paid by endorsement for many times in a row, transferred for many times, and even transferred indefinitely in the market.
2. Blank endorsement
Also known as bearer endorsement, that is, the endorser only signs the bill and does not write it to someone, that is, there is no endorsee. A bill of exchange endorsed in blank is transferred by delivery. That is, after the first transferor with blank endorsement has endorsed and signed, it can circulate in the market for many times until the last beneficiary, and it is not necessary to indicate other transferor and transferee in the circulation process on the back of the bill. The bills stipulated in China's bill law are all registered bills, and there is no blank endorsement.
name names
A registered endorsement must be endorsed by a bank or company, and most registered endorsements are addressed to the issuing bank. Nominal endorsement is rarely used in daily business. The registered endorsement of an insurance document means that the transferee of the insurance document has the right to claim compensation from the insurance company or its agent after the insured goods are out of danger. If the insured of the insurance document is "XX Limited Company" of other countries or regions instead of our export company, our export company does not need to endorse it. If the insured needs to transfer the ocean bill of lading, the insurance document will be endorsed by ×× Co., Ltd. in other countries or regions. It must be noted that if the insured of the insurance document is the shipper, that is, China's foreign trade import and export company or enterprise, according to the different provisions of the letter of credit, sometimes it can be blank endorsement, and sometimes it can be named endorsement.
From the differences and connections between insurance document endorsement and ocean bill of lading endorsement, it can be seen that under the CIF price condition, bill of lading endorsement is related to the ownership of the goods, while insurance document endorsement is related to the claim right and reasonable compensation to the insurance company and its agents after the insured goods are out of danger. Therefore, after the goods are out of danger, only when you have mastered the bill of lading and insurance documents can you really master the ownership of the goods.
Generally speaking, the endorsement of insurance documents should be consistent with the endorsement of bills of lading, that is, the transfer range of endorsed insurance documents should be equal to or greater than that of bills of lading. If the bill of lading is endorsed by name, the insurance document can be endorsed by name with the same content, but it can also be blank. Similarly, if the bill of lading is endorsed in blank, the insurance document should also be endorsed in blank. When the transaction is carried out under FOB and CFR price conditions, the buyer shall insure it. If the buyer needs to transfer the bill of lading, so does the insurance document. As mentioned above, the transfer of the two must be consistent. After the insured goods are out of danger, the insured claims from the insurance company with the insurance policy and obtains reasonable compensation.