1.信用证概念 The written promise of a bank, undertaken on behalf of a buyer, to pay a seller the amount specified in the credit provided the seller complies with the terms and conditions set forth in the credit 1)It is to make a payment to the order of a third party (the beneficiary), or is to accept and pay bills of exchange ; 2) It authorizes another bank to negotiate, against stipulated documents, provided that the terms and conditions of the credit are complied with.
特征 1、A written undertaking on the part of the issuing bank 2、Independent of the sales contract 3、Exclusively dealing with documents
基本当事人 1) Applicant 。)The applicant instructs a bank at his place of business to open a letter of credit for the beneficiary on the terms specified by the buyer in his instructions to the issuing bank. payment for the documents, To deliver a proportion deposit to the bank。2) Beneficiary。 Upon receipt of the letter of credit, the beneficiary should check it with the contract in time。the discrepancy will require the issuing bank to amend or refuse to accept or require the applicant to instruct the amendment of issuing bank 。As the seller receives the credit and is satisfied with the terms and conditions, he is in a position to load the goods and dispatch them.The seller then sends the documents to the negotiation bank. 3) Issuing bank open the lc timely and accurately 。fAccept the responsibility for primary payment。The issuing bank checks the documents, if they meet the requirements , effects payment in accordance with the terms of the credit. The issuing bank releases the documents to the buyer upon payment of the amount due, or upon other terms agreed between the buyer and the issuing bank.
分类 1.according to bill of documents ,clean c, documentary c。2.characteristic of c. Revocable c,irrevocable c3.confirmation.confirmed c,unconfirmed c.4payment,sight payment c,deferred payment c,acceptance c,negotiation c 5transfer,transferable c,non-transferable c6. relationship ,back to back c,reciprocal c
兑付honour means 1. to pay at sight if the credit is available by sight payment. 2.to incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment. 3. to accept a bill of exchange (“draft”) drawn by the beneficiary and pay at maturity if the credit is available by acceptance. 议付 Negotiation means the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank) and/or documents under a complying presentation, by advancing or agreeing to advance funds to the beneficiary on or before the banking day on which reimbursement is due to(to be paid the nominated bank.
2.汇票概念 A Bill of Exchange is an unconditional order in writing, addressed by one person to another,signed by the person giving it,requiring the person to whom it is addressed 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 to bearer.
必要记载事项:the word "draft". unconditional order to pay. the amount determined. date of issue.the location of issue. the payment terms. the place of payment. the name of payer. the name of payee. signature of the drawer
基本当事人:*drawer. the drawer should assume that the holder of instruments will be accepted by the payer when he present the instrument to payer . Once the payer dishonor the instrument ,the drawer should fulfill payment by himself and is the debtor of unaccepted instruments . *payer. The drawee is the main debtor of instruments when he accept payment. *payee. The payee of instruments can claim the right of instruments by presenting it to payer/drawee .Once instruments is dishonored ,the payee can have a recourse to the drawer .The payee can be endorser by negotiation .
汇票模版 to开证行,for 收款人,drawn under 开证行,interest利率,exchange for金额小写,the sum of金额大写only,at付款日期,pay to收款人
discount贴现息=票面金额x贴现率x贴现天数/365(360)
抬头分类 1、pay to the speafied person不可转让 2丶pay to the order of speafied person 3丶Pay to the bearer持票人
汇票分类 1、drawer出票人 ,banker's draft ,trader's draft。2、time for payment,sight draft,usance draft 3、whether payee, order draft,presentation draft 4、whether document ,documentary draft, clean draft
汇票本票区别 1. basic nature 2. the responsibility of the issuance 3. presentation of the long-term notes 4. drawn conditions 5. Some acts payment, etc.; money order 6. post-processing dishonore 7. Parties
即期远期汇票区别
拒付定义dishonour ,Dishonor refers that the payer refuse to accept or pay the amount of the instrument .
追索定义recourse , The holder has the right to claim the amount of the instrument when dishonor happens .
追索条件 (1)Eligible instrument (2)Make Protest and Notice of Dishonor in time (3)Dishonor happens.