The deposit for the issuance of a letter of credit is a guaranteed payment fund that is prepared by an enterprise with import and export rights to apply to a bank for issuance of a letter of credit to a foreign (overseas) party. Specifically, after the bank receives complete instructions from the applicant, it will issue a letter of credit in accordance with the instructions. The bank has the right to require the applicant to hand over a certain amount of funds or other forms of property as a guarantee for the bank's execution of its instructions. The bank will freeze the funds in its account as a deposit for issuing the certificate. If only part of the deposit can be deposited, which is less than the amount for the issuance of the letter of credit, the applicant can apply for a standby loan from the bank and sign a standby loan contract with the bank. The main obligations that the applicant for issuance of a certificate should bear towards the issuing bank: the applicant must repay the loan paid to the beneficiary by the representative of the document obtained by the issuing act; before he pays, the document as a certificate of property rights still belongs to the bank. If the documents are consistent with the terms of the letter of credit and the applicant refuses to "redempt the document", the deposit as guarantee or the frozen funds in the account will belong to the bank; the applicant has provided the issuing bank with all the necessary information for issuance of the letter of credit. Responsibility for expenses. Therefore, the deposit for issuing a letter of credit usually belongs to the nature of "credit guarantee" of commercial banks.

Whether the deposit for issuing a letter of credit is enforceable. The "Regulations of the Supreme People's Court on Whether the People's Court Can Take Freezing and Withholding Measures on the Security Deposit for the Issuance of Letters of Credit" promulgated and implemented on September 16, 1997, stipulates that when hearing or enforcing cases, the People's Court may, in accordance with the law, impose The deposit for certificate issuance shall be frozen but shall not be deducted. If the parties believe that a certain fund frozen and deducted by the people's court belongs to the security deposit for the issuance of a letter of credit, relevant evidence should be provided to prove it. After review, the People's Court may handle the matter in accordance with the following principles: no deduction measures shall be taken if the deposit is indeed used for the issuance of a letter of credit; if the issuing bank fulfills its external payment obligations, the People's Court shall immediately terminate the credit deposit upon the bank's application. If the issuance deposit provided by the applicant is in foreign exchange, and the parties provide evidence to prove that the documents provided by the beneficiary of the letter of credit are consistent with the terms of the letter of credit, the people's court shall immediately lift the freezing measures. If the bank refuses to pay the letter of credit and is exempted from its external payment obligations because the letter of credit is invalid, expired, or the documents are inconsistent, and there is still money left after paying the letter of credit normally and deducting the corresponding amount from the letter of credit issuance deposit. , that is, when the deposit in the deposit account for the issuance of a letter of credit has lost its function as a deposit, the people's court may take deduction measures in accordance with the law. The bank acceptance bill deposit refers to a certain amount of deposit collected by the relevant bank department from the merchant when applying to the bank to issue an acceptance bill. According to the nature of the bank acceptance bill deposit, China's "Negotiable Instruments Law" and "Payment and Settlement Measures" have strict restrictions on the use of bank acceptance bills. The issuer of the bank acceptance bill is required to be a legal person or other organization that opens a deposit account at the accepting bank. , have a real entrusted payment relationship with the accepting bank, and have a reliable source of funds to pay the amount of the bill. Therefore, in the actual operation of issuing bank acceptance bills in my country's banking industry, the drawer is required to provide a certain amount of deposit, which is generally consistent with the amount of bank acceptance. If the drawer has a credit loan with the bank, it can be less than The amount accepted by the bank. The deposit deposited by the drawer of the bank acceptance bill with the accepting bank before issuing the bank acceptance bill is essentially a chattel mortgage, and the accepting bank enjoys the priority right to be reimbursed.

Whether the court can freeze or transfer the bank acceptance bill deposit. Article 9 of the "Notice on Regulating the People's Court Enforcement and the Assistance of Enforcement by Financial Institutions" jointly issued by the Supreme People's Court and the People's Bank of China on September 4, 2000 (2000) No. The deposit for acceptance bill shall be frozen but shall not be deducted. If a financial institution has accepted a bill of exchange or made an external payment, upon the application of the financial institution, the people's court shall lift the freezing measures on the corresponding part of the bank acceptance bill deposit. When the bank acceptance bill deposit has lost its function as a deposit, the people's court may take deduction measures in accordance with the law. Of course, if the bank has paid the bill amount normally and deducted the corresponding amount from the deposit and there is still money left, the court can freeze or deduct the remaining money in accordance with the law. Advance collection of loan security deposits is an act by which financial institutions advance a certain amount of money from the borrower based on a certain proportion of the loan amount before issuing a loan. This part of the deposit is usually directly (or indirectly) deducted from the total loan amount. At present, in the business process of transforming professional banks into state-owned commercial banks, profits have become the central goal of grassroots commercial banks. In order to ensure the realization of the central goal of profits, grassroots commercial banks are striving to expand the scale of deposit and loan operations. Pay great attention to the collection of loan interest. To this end, some commercial banks have tried to implement an advance loan deposit system to avoid loan risks. When the court inquires about the bank deposits of the person subject to execution, the bank will often tell the bank that the deposits in the bank account of the person subject to execution are loan "guarantee deposits" and refuse the people's court to take freezing or deduction measures, or request priority for repayment.

Article 4 of China's "General Principles of Loans" stipulates: "The lending behavior of borrowers and lenders shall follow the principles of voluntariness, equality, honesty and credit. Paragraph 2 of Article 18 of China's "General Principles of Loans" stipulates, “The borrower has the right to withdraw and use the entire loan as stipulated in the contract.

”

Article 8 of the People’s Bank of China’s “Announcement on Strictly Prohibiting Illegal Increases in Interest Rates” clearly stipulates: “It is strictly prohibited for financial institutions to increase deposit and loan interest rates without authorization or use handling fees, deposit-assisting agency fees, deposit-absorbing bonuses, Prize savings, loan deposits, interest reserves, additional handling fees, consulting fees, etc. are used to increase deposit and loan interest rates in disguise. "Collecting loan deposits in advance is a disguised act of raising loan interest rates.

Article 85 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Guarantee Law of the People's Republic of China" , the debtor or a third party transfers the money to the creditor as a guarantee for the creditor's rights after specifying it in the form of special account, seal money, deposit, etc. If the debtor fails to perform the debt, the creditor can use the money to receive payment first.

< p> In the process of enforcement, the people's court shall determine the nature of the enterprise's deposits based on the purpose of the deposit and the type of account, in accordance with the provisions of Article 13 of the "RMB Bank Settlement Account Management Measures" of the People's Bank of China (hereinafter referred to as the "Settlement Measures"). Establish a special account and strictly implement special management and payment. Otherwise, it should be regarded as general current funds. When the court verifies the "guaranteed deposit" in the bank account of the person subject to execution, it should first determine whether the account belongs to the person subject to execution according to the settlement method. According to the provisions of Article 13, if a commercial bank refuses to take freezing or deduction measures for a special account opened, or files a protest request for preferential payment, the bank shall immediately prove to the enforcement court that the nature of the account is not within the scope of the special account. For deposits, the court should determine that the money is not specified and is a pledge of creditor's rights. However, Article 13 of the current settlement measures only explicitly requires corporate legal persons or other organizations to establish special accounts, but it does not require frequent settlements under the market economy. There is no specific provision on whether a personal fund settlement account can establish a special account. This is a flaw in Article 13 of the Settlement Measures of the People's Bank of China. Commercial banks deposit the loan "margin" collected in advance into basic accounts, loan accounts or other general deposit accounts. If the bank's behavior does not meet the specific requirements for pledge, it is a general current fund, and the people's court can freeze and deduct it. And other rights subjects cannot confront the person applying for execution. Of course, if the bank outside the case raises a written objection to the subject of execution, If the bank refuses to accept the decision of the execution court but refuses to accept it, it can file an objection lawsuit with the court in accordance with the provisions of Article 204 of the newly revised Civil Procedure Law.