國際結(jié)算中的票據(jù)(5)-資料下載頁
2025-05-10 11:51本頁面
【正文】 be an endorsement of the entire bill。 ?By endorsing an instrument,the endorser guarantee that on due presentment the bill shall be accepted and paid as specified. Types ： 1) Special endorsement 記名背書 /特別背書 /正式背書 /完全背書 Pay to the order of ABC Co., signed 2) Blank endorsement 空白背書 3) Restrictive endorsement 限制性背書 Pay to A only/not transferable/not negotiable/pay to A bank for account of B Co. 4) Endorsement for collection 委托取款背書（托收背書） 5) Endorsement for pledge質(zhì)押背書 endorsee endorser date A First endorsement C B Second endorsement C Third endorsement E D Fourth endorsement The drawee sign on the face of bill, and deliver it to the person presenting for acceptance, by which the drawee shows his assent to the order of drawer Forms ： the word “accepted”。date。signature of the drawee Types ： general acceptance: without any qualification qualified acceptance: 1)a conditional acceptance(refuse to accept) . accepted payable providing goods in order。 accepted payable at some place(local acceptance)。payable at a longer time after date 2)partial acceptance Acceptance This act is usually performed by a third party called guarantor, who engages to pay on presentment for a sight bill and accept and pay at maturity for a time bill. Guarantee Notes: 1） the guarantor stands for a debtor such as drawer, endorser,or acceptor and assumes his indebtedness to the holder 2） when the guarantor is pelled to pay, his right of recourse arises against the guaranteed and all the prior parties of the guaranteed. In the event of a draft being dishonored, the holder in due course can sue every person who signed the draft prior to him. Qualifications to exert and preserve the right of recourse: ? Completeness in form of the draft ? Presenting for acceptance and payment on the due time ? Notice of dishonor拒付通知 When dishonored by nonpayment or nonacceptance, the holder must give notice to all the parties who remain liable that the draft has been dishonored to preserve their liabilities on the draft. ? Protest拒絕證書 A written statement certified by a notary public or other authorized person for the purpose of giving evidence that a bill has been presented for acceptance or for payment but dishonored. 圖示 Recourse 拒絕證書（ Certificate of Protest）： 是在拒付地點證明拒付事實的要式公證書。我國則是規(guī)定拒絕證明及其等效形式 有： ? 承兌人或付款人出具的拒絕承兌書、拒絕付款書及退票理由書； ? 承兌人、付款人或代理付款銀行直接在匯票上記載提示日期、拒絕事由及拒絕日期并蓋章； ? 承兌人或付款人死亡、逃匿的有關(guān)證明（如死亡證明、失蹤證明等）； ? 人民法院的有關(guān)司法文書（如破產(chǎn)裁定書）；有關(guān)行政主管部門的處罰決定。 Protest Acceptance for honor When a draft has been protested for nonacceptance, any person not being a party already liable on the draft may,with the consent of the holder, by writing on the bill, accept the bill for the honor of any party to the draft. Payment for honor When a draft has been protested for nonpayment, a party not liable on the draft may intervene and pay it for the honor of a party liable on the draft or even the drawer. any person can act as a payer for honor without the consent of the holder. Acceptance/payment for honor
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