国际结算名词解释

International settlement refers to financial activities of settling claims and debts among countries.

1、Characteristics of negotiable instrument: negotiability流通转让性、unconditional promise or order to pay无条件支付的承诺或命令、requisite in form要式性、non-causative nature无因性

2、functions of negotiable instrument: a substitute of money 、payment instrument、credit instrument

3、the holder for value is a person who possesses an instrument for which value has been given by himself or by some other person prior to him. 付对价持票人

4、the holder in due course refers to an individual who acquires a negotiable instrument in good faith. 正当持票人

5、Good faith means the observance of honorable intent in business relations and the avoidance of any attempts to deceive in assuming and performing contractual obligations.

6、

汇票是指出票人签发的，委托付款人在见票时或者指定日期无条件支付确定金额给付款人或持票人的票据。

7、essential items required in a bill of exchange:

●The word “Exchange”

●An unconditional order to pay a fixed amount of money

●Name and address of the drawee

●The signature of the drawer

●Date and place of issue

●Name of the payee

●Tenor

●Place of payment

● A fixed amount money

●Writing (typewriting and printing)

8、there are there different ways of writing the payee of a bill: restricted order 限制性抬头、demonstrative order 指示性抬头、payable to bearer 来人抬头

9、sight bill即期汇票usance bill 远期汇票

10、the following are the different tenors a bill may be made:

●Payable on demand 见票即付

●Payable at a fixed time after sight 见票后定期付款

●Payable at a fixed time after date 出票后定期付款

●Payable at a fixed future date 在未来固定日期

11、what are the rules for calculating the due date of a bill:

●First of all, one should note that if the paying date is a non-business day, the bill

should be paid on the succeeding business day.

●Second, one should know the usages of the word “after” and “from”.

●Third, the month on a bill is the calendar month.

12、acts relating to a bill of exchange:

●Issue 出票To issue a bill comprise two acts by the drawer: 1) to draw and sign a

bill; and 2) to deliver it to a payee.

●Endorsement 背书( special endorsement 记名背书、blank endorsement 空白背

书/不记名背书、restrictive endorsement 限定性背书、conditional endorsement 有条件背书)

●Presentment 提示：一是远期汇票向付款人提示要求承兑，即承兑提示；二

是即期汇票或已承兑的远期汇票向付款人或承兑人提示要求付款，即付款提示。即期汇票不需要做承兑提示，要做付款提示。

●Acceptance 承兑：general acceptance 一般承兑、qualified acceptance 限制

性承兑（a condition, partial acceptance, local acceptance, time-qualified acceptance）

●Payment 付款

Payment in due course正当付款means payment made at or after the maturity of the bill to the holder in good faith and without notice that his title to the bill is defective.

●Dishonor 退票/拒付: Dishonor by non-acceptance and dishonor by

non-payment.

Right of recourse追索权P62

13、Classification of bills of exchange:

●Foreign bill and inland bill the places if issue and payment are the same, the

bill is an inland bill, otherwise, it will be a foreign bill

●Sight bill and usance bill the tenor

●Banker’s draft and trader’s bill 银行汇票both the drawer and the drawee are

bank, 商业汇票the drawer is a trader and the drawee may be a trader or a bank.

●Banker’s acceptance and trader’s acceptance 出票和承兑的都是bank or trader ●Clean bill and documentary bill

Under clean collection,on shipping documents are attached to the bill, and the documents are sent directly by the seller to the buy. Only for the collection of proceeds for services or when the buyer is creditworthy

Document bill most frequently used under documentary collection or letter of credit transactions.