Promissory Note 本票

An unconditional promise in writing made by one person (the maker) to another (the payee or the holder) signed by the maker engaging to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person or bearer.
无需第三方：直接主关系人明确自己的债务责任；无受票人
因而基本当事人： 出票人（付款人）、收款人

Essentials to a promissory note

1. The words "promissory note" clearly indicated
2. An unconditional promise to pay
3. Name of the payee or his order;
4. Maker’s signature;
5. Place and the date of issue;
6. Period of payment;
7. A certain amount of money;
8. Place of payment.

Specimen

Promissory Note 本票格式

• 左下角地址（公司地址）
• 右下角制票人
• “promise to pay ... only”

Characteristics of a promissory note

1. It is an unconditional promise in writing;
2. The basic parties：the maker and the payee.
3. There is no need to accept the instrument. In all cases the maker is the primarily liable party.
4. When issued, a promissory note has one original note only.

PS: 区别于 Bill can be issued in a set (of two or even more copies(份数))
每一分都正本，且单独有效
duplicatete 副本

The main use of Promissory Notes

1. Promissory notes issued by banks （银行即期本票、DD）
   • for remittance （票汇业务）
2. Promissory notes issued by importers （商业远期）
   • to grant payments made in installments lasting for quite long periods under transactions of capital goods for large amount of money.
     applied in capital good
     PS：不讲 流程、开立。。 ，但重复适用（类比复习）

Check （更接近汇票）

A check is an unconditional order in writing addressed by the customer (the drawer) to a bank (the drawee) signed by that customer authorizing the bank to pay on demand a specified sum of money to or to the order of a named person or to bearer (the payee).

• customer
• 只能即期

图片发自简书App

;

Essentials to a check

1. The word “check” clearly indicated;
2. An unconditional order in writing;
3. Name of the paying bank;
4. Drawer’s signature;
5. Place and date of issue;
6. Address of the paying bank;
7. A sum certain in money;
8. Name of the payee.

Characteristics of a check

1. A check must be unconditional;
2. A check must be drawn on a bank;
3. A sum certain in money;
4. A check must be signed by the drawer，and the drawer is the party primarily liable;
5. A check need not be accepted; （即期）
6. A check is payable only on demand;
7. A check is drawn only in form of a sole instrument, but not in a full set.

三个一起比较总结 TODO
bill / check
Draw on XXX , addressed to xxx
Xxx = drawee 受票人

Classifications of checks

1. Crossed checks

   • 代收（转账）行 -> 被指定银行
   • 划线 - 转账留痕迹追溯
   • 非划线 - 皆可
   • General crossing
     • 可由任意一家银行，但若加了银行名，只能由托收委托经来行入账
   • Special crossing
     • 取某一特定取款银行
   • 一经加上限制，不得轻易改正（前手同意，否则前手可以不遵从）

2. Open check 空白支票 （7个要项）

3. Certified check

4. Banker’s check

5. Check payable to order 指示式 清楚

6. Check payable to bearer 来人式

7. Dud check 空头支票

   • FaceValue > account balance + overdraft redit line

Paying bank’s responsibility for check：

Paying bank is entrusted by and acts on behalf of the drawer of the check to pay cash over the counter or transfer the money through account to the payee ／ holder. Thus, the bank must provide cautious service and pay attention to the following rules：

1. Effect payment during normal business hours
2. Examine the check to see whether it is qualified to be paid (time is due, have all the requisites in form, consistent amount in words and in figure, true／authorized signature of drawer, etc)
   • 要项齐备
3. Presentation is duly and normally made
   • 晚提示免除所有前手被追索责任
     1. 未了结票据债务（延误期间 -> 失去清债能力 / 或不是）
     2. 存款银行破产倒闭
4. Examine the check to see whether there’s crossing on the check
5. Investigate into the drawer’s account to see whether there is enough balance or overdraft credit line
   • 检查余额
6. Investigate into the facts or situations such as an injunction from the court, notice of stop-payment, death／bankruptcy／mental disorder
   ／abscondence of the drawer, etc
   • 禁制令（财产冻结）-> 银行要去了解
   • 止付通知
   • ...
7. Require payee’s signature to be made on back of the check when the check is encashed.

Collecting bank’s responsibility for check：

Collecting bank is not the bank with which the drawer opens his current account. To collect money for the client (payee／holder) the bank needs clearing operation with the paying bank through a clearing house. The following points should be paid attention to：

1. Examine whether there is record of normal and successive endorsement of the check to make sure the holder is the true owner of the check
   • 审核背书记录 / 若无记录则本人证件
2. Examine whether there is crossing on the check
3. Payee／holder is required to have opened an account with the collecting bank
4. Withdrawal／transfer of the money can only be allowed after the face value is collected
   • 支票票款在未收妥之前不能提款
5. Investigate into the drawer’s account to see whether there is enough balance or overdraft credit line
6. Investigate into the facts or situations such as an injunction from the court, notice of stop- payment, death／bankruptcy／mental disorder
   ／abscondence of the drawer, etc
7. Require payee’s signature to be made on back of the check when the check is encashed.