Chapter 1 General Provisions Article 1 is to regulate the electronic commercial bill business, protect the legitimate rights and interests of the parties involved in electronic commercial bill activities, and promote the development of the electronic commercial bill business. According to the "Article 1 of the People's Republic of China and the People's Republic of China" Banking Law, "Invoice Law of the People's Republic of China", "Electronic Signature Law of the People's Republic of China", "Property Rights Law of the People's Republic of China", "Implementation Measures for the Administration of Instruments" and other relevant laws and regulations , formulate these measures. Article 2 An electronic commercial bill refers to a bill made in the form of a data message by the drawee relying on the electronic commercial bill system, entrusting the payer to unconditionally pay a determined amount to the payee or holder on a designated date.
Electronic commercial bills are divided into electronic bank acceptance bills and electronic commercial acceptance bills.
Electronic bank acceptance bills are accepted by banking financial institutions and finance companies (hereinafter collectively referred to as financial institutions); electronic commercial acceptance bills are accepted by legal persons or other organizations other than financial institutions.
The payee of an electronic commercial bill is the acceptor. Article 3 The electronic commercial bill system is a business processing platform established with the approval of the People's Bank of China that relies on network and computer technology to receive, store, and send electronic commercial bill data messages and provide services related to electronic commercial bill monetary payments and fund settlement activities. Article 4 All parties involved in electronic commercial bills shall act in accordance with the principles of good faith and in accordance with the provisions of these Measures. Article 5 The issuance, acceptance, endorsement, guarantee, presentation for payment and recourse of electronic commercial bills must be handled through the electronic commercial bill system. Article 6 The categories of electronic commercial draft business entities are divided into:
(1) Financial institutions that directly access the electronic commercial draft system (hereinafter referred to as access institutions);
(2) ) Financial institutions that handle electronic commercial draft business through access institutions (hereinafter referred to as agents);
(3) Legal persons and other organizations other than financial institutions.
The electronic commercial draft system assigns different category codes to different business entities. Article 7 The parties to the bill handling electronic commercial bill business shall have the organization code of the People's Republic of China. Legal persons and other organizations other than agencies, financial institutions that handle electronic commercial draft business should open an account with the access institution. Article 8 Access agencies that provide electronic commercial bill business services shall be responsible for verifying the authenticity of the customer's basic information, and shall sign an electronic commercial bill business service agreement with the customer in accordance with these Measures and relevant regulations to clarify the rights and obligations of both parties.
Basic customer information includes customer name, account number, organization code, business entity category and other information. Article 9 The operator of the electronic commercial draft system shall be designated and supervised by the People's Bank of China. Article 10: The access agency shall forward electronic commercial bill information to customers and the electronic commercial bill system in accordance with regulations, and ensure that the electronic commercial bill information stored in the internal system is consistent with the relevant information stored in the electronic commercial bill system. Article 11 Electronic commercial bill information shall be subject to the records of the electronic commercial bill system. Article 12 Electronic commercial bills are priced in RMB. Chapter 2 Basic Provisions Article 13 Electronic commercial bills are bills for payment on a fixed date.
The payment term for an electronic commercial bill shall be from the date of issue to the maturity date, and shall not exceed one year at most. Article 14 The signature of a party to a bill on an electronic commercial bill shall be the party’s reliable electronic signature.
The certification services required for electronic signatures should be provided by legal electronic certification service providers.
Reliable electronic signatures must comply with the provisions of Article 13, Paragraph 1, of the Electronic Signature Law of the People's Republic of China. Article 15 In electronic commercial bill business activities, the data messages and electronic signatures used by the parties to the bill shall comply with the relevant provisions of the Electronic Signature Law of the People's Republic of China. Article 16 When a customer carries out electronic commercial bill activities, the electronic signature production data and electronic signature certification certificate that its signature relies on should be applied to the registration and approval agency of the electronic certification service provider designated by the access agency.
When an access institution provides electronic commercial bill business services to customers or serves as a party to electronic commercial bills, the electronic signature production data and electronic signature certification certificates relied upon for its signatures should be reported to the electronic commercial bill system operator. Application for registration approval authority of designated electronic certification service provider. Article 17: The electronic certification service provider designated by the access agency and the operator of the electronic commercial draft system shall be responsible for verifying the authenticity of the identity of the applicant for the electronic signature certification certificate.
Electronic certification service providers bear corresponding responsibilities in accordance with the "Electronic Signature Law of the People's Republic of China". Article 18 The access institution shall be responsible for verifying the authenticity of the electronic signatures of customers who handle electronic commercial draft business through it.
The operator of the electronic commercial draft system shall be responsible for verifying the authenticity of the identity and electronic signature of the access institution. Article 19 The electronic commercial bill system shall receive and process electronic commercial bill information in real time, and send the information in real time to the access institution of the relevant bill parties; the access institution shall receive and process the electronic commercial bill information in real time, and send the information to the relevant bill parties in real time. Send this information in real time. Article 20 When the drawer issues an electronic commercial draft, it shall deliver it to the payee.
For electronic commercial bill endorsement, the endorser shall deliver the electronic commercial bill to the endorsee.
When the pledge of an electronic commercial bill is released, the pledgee shall deliver the electronic commercial bill to the pledgor.
Delivery refers to the act of the party to the bill sending the electronic commercial bill to the transferee and the transferee signing for it.