basic content

A bill of exchange is an unconditional written payment order issued by one person to another person, demanding to pay a certain amount to someone or their designee or holder at sight, on a regular basis or at some future time (from British Bill Law). According to its different forms, contents and scope of use, there are many different kinds and names of bills of exchange. The details are as follows: (1) According to the drawer, it is divided into commercial draft and bank draft. Commercial bill is a kind of commercial paper widely used in commodity trading activities. The seller draws a draft for the buyer or its entrusted bank, and the buyer or its entrusted bank issues and accepts the draft to confirm the payment to the holder on the due date of the draft. The drawer of a commercial bill is a commodity or an individual, and the payer can be a firm, an individual or a bank. The drawer of a commercial bill does not need to send a notice of payment to the payer, usually a bill with shipping documents attached. For bank draft, see the item "Bank draft". (2) According to different acceptors, it can be divided into trade name acceptance bills and bank acceptance bills. Commercial acceptance bills, also known as commercial acceptance bills, are bills accepted by enterprises or individuals. In the transaction, the seller authenticates the bill of exchange paid by the buyer, and the buyer marks the word "acceptance" or signs it on the face to acknowledge the payment due, thus assuming the payment responsibility. If the word "acceptance" is not written, only signature or seal shall be deemed as acceptance. A bank acceptance bill is a bill that has been accepted by the bank as the acceptor of the bill. In the transaction, the bank shall, at the request of the buyer, mark the word "acceptance" on the draft issued by the seller to pay the buyer and sign it, thus assuming the responsibility for payment. Commercial acceptance bills are based on commercial credit, and bank acceptance bills are based on bank credit. Commercial acceptance bills and bank acceptance bills are time bills. Only time drafts are accepted. (3) According to the different payment methods indicated on the draft, it can be divided into sight payment draft, fixed payment draft, fixed payment draft and deferred payment draft. Sight draft, also known as sight draft, is a draft payable at sight. The maturity date is the date when the payee presents the bill. The sight draft must be clearly marked with the words "payable at sight", "sight or presentation" or "immediate payment". There is no need to accept sight draft. If the date of payment is not clearly specified on the bill of exchange, that is, the due date is not specified, it can be regarded as a bill payable at sight. A fixed payment bill, also known as a long-term bill, refers to a bill that is paid at a certain time or on a specific date. The payment term is generally 30 days, 60 days, 90 days, etc. Fixed payment bills are divided into fixed payment after sight and fixed payment after issue. The calculation of the time does not include the date of sight or the date of issue, but it does include the date of payment, that is, it is not over. If the maturity date of the bill is a non-business day (legal holiday), the celebration will be postponed to the next business day. If a bill of exchange is paid one month or several months after the date of issue or the date of sight, its maturity date is the corresponding date within the month of payment. If there is no corresponding date, the last day of the month is the due date. Fixed date draft, also known as installment draft, is a time draft. For example, in 2009 1 1 month 65438+ day, fixed payment (the draft) to …, the draft must still be presented for acceptance, so as to clarify the payment responsibility of the acceptor. Deferred payment bills are bills that are paid within a fixed period after a specified date and belong to long-term bills. In order to make "deferred payment" see the maturity date on the face, the drawer sometimes marks the date of bill of lading or the date of presentation on the bill of exchange, which becomes "regular payment after the specified date". Sometimes the date of issuance is filled in according to the date of bill of lading, and it is converted into regular payment after issuance. (4) According to whether the bill of exchange is accompanied by freight documents, it can be divided into clean tickets and documentary tickets. See related entries. (5) According to the different currencies used in the face, it is divided into local currency bills and foreign currency bills. The par value of a local currency bill is the local currency. The face value of foreign currency bills is foreign currency, and the payment is often converted into the local currency to pay the payee. (6) According to whether the place of acceptance and the place of payment are the same, it can be divided into direct draft and indirect draft. The acceptance place of the direct draft is the same as the payment place. In international trade, most money orders are direct money orders. The place of acceptance of an indirect bill is different from the place of payment, and the place of payment must be indicated when accepting it. (7) According to the different areas where bills of exchange are circulated and used, they are divided into domestic bills of exchange and international bills of exchange. Domestic bills are issued and paid in one country, and the circulation of bills is also in China. The drawer, payer and payee of an international bill of exchange have at least two locations in different countries, and the circulation of the bill involves more than two countries. (8) According to whether the drawer is the payer or the payee, it is divided into paid bills and received bills. A paid bill of exchange, whose drawer and payer are the same person, does not strictly conform to the definition of a bill of exchange, so it can be regarded as a promissory note. Sometimes the branch of a bank acts as the drawer and the head office acts as the payer. Although both the drawer and the payer are the same person, this kind of bill is called "paid bill" in both places. When the payee on a bill of exchange is the drawer himself, the received bill is called "received bill", which is widely used in trade. (9) According to the difference of the payee on the bill, it can be divided into restricted bills payable, instructed bills payable and bill payable. A restricted bill payable to a specific person may not be transferred to others. When issuing a restricted draft, the drawer is unwilling to let the draft flow into a third party, so as to limit his debt to the payee. An indicative bill, also known as a registered bill, indicates that it is paid to the bank's nominee or the bank or its nominee. An indicative draft payable to the holder is delivered and freely transferable. A bill of exchange payable to the holder indicates the holder or the name of the holder. A bill drawn on the bearer need not be endorsed by the bearer, but only be transferred by delivery. The above classification of bills of exchange does not mean that a bill of exchange can only have one feature, but can have several features at the same time; In addition, the above classification does not exhaust all bills of exchange, and some special bills of exchange are not suitable for classification, such as accommodation bills, acceptance bills, maturity bills, write-off bills, agency bills, etc. (clock) Copy of draft Except the first draft, the draft issued in duplicate (or in triplicate) is a copy. The right to pay for a copy of a bill of exchange is second only to the original. Only when the original is not paid can the copy be redeemed.