URC522《托收统一规则》(中英文)
托收统一规则URC522中英文版2
第九条遇有即期付款的单据,提⽰⾏必须毫⽆延误地提⽰要求付款。
遇有即期付款以外的远期付款的单据,在要求取得承兑时,提⽰⾏必须毫⽆延误地提⽰要求承兑;当需要付款时,必须不迟于规定的到期⽇提⽰要求付款。
第⼗条关于跟单托收中包括有远期付款的汇票,该项托收指⽰书中必须载明在承兑后抑或在付款后将商业单据交给受票⼈承兑交单或付款交单(D/A OR D/P)。
如⽆此载明,商业单据只有在付款后交付。
★付款 第⼗⼀条遇有单据是⽤付款所在国的货币(当地货币)⽀付,除⾮在托收指⽰书中另有规定,提⽰⾏必须在当地货币⽀付后,才能把单据交与受票⼈,⽽该项当地货币应依照托收指⽰中所规定的办法能⽴即处理。
第⼗⼆条遇有单据是以付款国以外的货币(外国货币)⽀付,除⾮在托收指⽰书中另有规定,提⽰⾏必须在有关外国货币⽀付后才能把单据交与受票⼈,⽽该项外国货币应能够依照托收指⽰书中规定⽴即汇出。
第⼗三条关于光票托收的部分付款,仅在付款地现⾏法律准许部分付款的限度和条件下,才可以接受。
但单据仅在全部款项业已收到时才能交与受票⼈。
关于跟单托收的部分付款,仅在托收指⽰书内特别授权的情况下,提⽰⾏才能受理。
但除另有指⽰外,提⽰⾏仅在全部款项已收到后才能把单据交与受票⼈。
在任何场合下,只有符合第⼗⼀条或第⼗⼆条两者之⼀的规定后才能接受部分付款。
部分付款如⼀经接受,应按第⼗四条的规定进⾏处理。
第⼗四条收到的款项(如有各种⼿续费和(或)开⽀和(或)费⽤,则在扣除后)必须按照指⽰书的规定,⽆迟延地解交发出指⽰书的银⾏予以⽀配。
★承兑 第⼗五条提⽰⾏应负责查看汇票上的承兑形式在表⾯上是否完整和正确,但对签名的真实性或签名⼈是否有签署承兑权限概不负责。
★期票、收据和其他类似的⽀付凭证 第⼗六条提⽰⾏对期票、收据或其他类似的⽀付凭证的签名的真实性或签名⼈是否有权签署的权限概不负责。
★拒绝证书 第⼗七条托收指⽰书对于在遭到拒绝承兑或拒绝付款时,是否需要作出拒绝证书(或采取其他可以代替的法律⼿续)应给予特别指⽰。
URC522《托收统一规则》(中英文).doc
(ICC Uniform Rules for Collections ICC Publication No. 522 )ICC Uniform Rules for CollectionsICC Publication No. 5221995 Revision in force as of January 1, 1996CONTENTA. General Provisions and DefinitionsApplication of URC 522Definition of CollectionParties to a CollectionB. Form and Structure of CollectionsC. Form of PresentationPresentationSight/AcceptanceRelease of Commercial DocumentsDocuments Against Acceptance (D/A) vs Documents Against Payment (D/P)Creation of DocumentsD. Liabilities and ResponsibilitiesGood Faith and Reasonable CareDocuments vs. Goods/Services/PerformancesDisclaimer for Acts of an Instructed PartyDisclaimer on Documents ReceivedDisclaimer on Effectiveness of DocumentsDisclaimer on Delays, Loss in Transit and TranslationForce MajeureE. PaymentPayment Without DelayPayment in Local CurrencyPayment in Foreign CurrencyPartial PaymentF. Interest, Charges and ExpensesInterestCharges and ExpensesG. Other ProvisionsAcceptancePromissory Notes and other InstructionsProtestCase-of-NeedAdvicesA. General Provisions and Definitions总则和定义Article 1Application of URC 522第一款:《托收统一规则》第522号的应用。
国际商会托收统一规则中英文
《国际商会托收统一规则》(中英文版)(ICC Uniform Rules for Collections ICC Publication No. 522 )ICC Uniform Rules for CollectionsICC Publication No. 5221995 Revision in force as of January 1, 1996CONTENTA. General Provisions and DefinitionsApplication of URC 522Definition of CollectionParties to a CollectionB. Form and Structure of CollectionsC. Form of PresentationPresentationSight/AcceptanceRelease of Commercial DocumentsDocuments Against Acceptance (D/A) vs Documents Against Payment (D/P) Creation of DocumentsD. Liabilities and ResponsibilitiesGood Faith and Reasonable CareDocuments vs. Goods/Services/PerformancesDisclaimer for Acts of an Instructed PartyDisclaimer on Documents ReceivedDisclaimer on Effectiveness of DocumentsDisclaimer on Delays, Loss in Transit and TranslationForce MajeureE. PaymentPayment Without DelayPayment in Local CurrencyPayment in Foreign CurrencyPartial PaymentF. Interest, Charges and ExpensesInterestCharges and ExpensesG. Other ProvisionsAcceptancePromissory Notes and other InstructionsProtestCase-of-NeedAdvicesA. General Provisions and Definitions总则和定义Article 1Application of URC 522第一款:《托收统一规则》第522号的应用。
国际商会托收统一规则(URC522)(中文版).doc
国际商会托收统一规则(URC522)(中文版)()国际商会调解国际商会仲裁范围国际商会仲裁规则国际商会争议解决国际贸易法国际商会托收统一规则(URC 522) 一、总则和定义第一款:《托收统一规则》第522号的应用。
(1)国际商会第522号出版物《托收统一规则》1995年修订本将适用于第二款所限定的、并在第四款托收指示中列明适用该项规则的所有托收项目。
除非另有明确的约定,或与某一国家国际商会托收统一规则(URC 522)一、总则和定义第一款:《托收统一规则》第522号的应用。
国际商会第522号出版物《托收统一规则》1995年修订本将适用于第二款所限定的、并在第四款托收指示中列明适用该项规则的所有托收项目。
除非另有明确的约定,或与某一国家、某一政府,或与当地法律和尚在生效的条例有所抵触,本规则对所有的关系人均具有约束力。
(2)银行没有义务必须办理某一托收或任何托收指示或以后的相关指示。
如果银行无论出于何种理由选择了不办理它所收到的托收或任何相关的托收指示,它必须毫不延误地采用电讯,或者如果电讯不可能时采用其它快捷的工具向他收到该项指示的当事人发出通知。
第二款托收的定义就本条款而言:(1)托收是指银行依据所收到的指示处理下述(2)款所限定的单据,以便于:a.取得付款和/或承兑;或b.凭以付款或承兑交单;或c.按照其他条款和条件交单。
(2)单据是指金融单据和/或商业单据。
a.金融单据是指汇票、本票、支票或其他类似的可用于取得款项支付的凭证;b.商业单据是指发票、运输单据、所有权文件或其他类似的文件,或者不属于金融单据的任何其他单据。
(3)光票托收是指不附有商业单据的金融单据项下的托收。
(4)跟单托收是指:a. 附有商业单据的金融单据项下的托收;b.不附有金融单据的商业单据项下的托收。
第三款托收的关系人(1)就本条款而言,托收的关系人有:a.委托人即委托银行办理托收的有关人;b.寄单行即委托人委托办理托收的银行;c.代收行即除寄单行以外的任何参与处理托收业务的任何银行;(2)付款人即根据托收指示向其提示单据的人。
【推荐】托收统一规则word版本 (27页)
本文部分内容来自网络整理,本司不为其真实性负责,如有异议或侵权请及时联系,本司将立即删除!== 本文为word格式,下载后可方便编辑和修改! ==托收统一规则篇一:托收统一规则中英文国际商会托收统一规则(英文版)(ICC Uniform Rules for Collections ,ICC Publication No. 522 )ICC Uniform Rules for CollectionsICC Publication No. 5221995 Revision in force as of January 1, 1996CONTENTA. General Provisions and DefinitionsApplication of URC 522Definition of CollectionParties to a CollectionB. Form and Structure of CollectionsC.Form of PresentationPresentationSight/AcceptanceRelease of Commercial DocumentsDocuments Against Acception (D/A) vs Documents Against Payment (D/P) Creation of DocumentsD.Liabilities and ResponsibilitiesGood Faith and Reasonable CareDocuments vs. Goods/Services/PerformancesDisclaimer for Acts of an Instructed Party Disclaimer on Documents ReceivedDisclaimer on Effectiveness of DocumentsDisclaimer on Delays,Loss in Transit and Translation Force MajeureE. PaymentPayment Without DelayPayment in Local CurrencyPayment in Foreign CurrencyPartial PaymentF.Interest,Charges and ExpensesInterestCharges and ExpensesG. Other ProvisionsAcceptancePromissory Notes and other InstructionsProtestCase-of-NeedAdvices1A. General Provisions and DefinitionsArticle 1Application of URC 522a. The Uniform Rules for Collections, 1995 Revision, ICC Publication No.522, shall apply to all collections as defined in Article 2 where such rules are incorporated into the text of the“collection instruction” referred to in Article 4 and are binding on all parties thereto unless otherwise expresslyagreed or contrary to the provisions of a national,state or local law and/or regulation which cannot be departed from.b. Banks shall have no obligation to handle either a collection or any collection instruction or subsequent related instructions.c. If a bank elects, for any reason, not to handle a collection or any related instructions received by it, it must advise the party from whom it received the collection or the instructions bytelecommunication or, if that is not possible, by other expeditious means, without delay.Article 2Definition of CollectionFor the purposes of these Articles:a.“Collection”means the handling by banks of documents as definedin sub-Article 2 (b), in accordance received, in order to:I. obtain payment and/or acceptance, orII. deliver documents against payment and/or against acceptance,orIII. deliver documents on other terms and conditions.b.“Documents”means financial documents an d/or commercial documents:I. “Financial documents”means bills of exchange,promissory notes, cheques, or other similar instruments used for obtaining the payment of money;II. “Commercial documents” means invoice,transportdocuments,documents of title or other similar documents,or any other documents whatsoever, not being financial documents.c.”Clean collection” means collection of financial documents not accompanied by commercial documents.d.”Documentary collection”means collection of:I. financial documents accompanied by commercial documents;mercial documents not accompanied by financial documents.Article 3a. For the purposes of these Articles the “parties thereto” are:I. the “principal” who is the party entrusting the handling of a collection to a bank;II. the “remitting bank” which is the bank to which the principal has entrusted the handling of a collection;III. “collecting bank” which is any bank,other than the remitting bank, involved in processing the collection;IV. the “presenting bank” which is the collecting bank making presentation to the drawee.b. The “drawee” is the one to whom presentation is to be made in accordance with the collection instruction.2B.Form and Structure of CollectionsArticle 4Collection InstructionA i. All documents sent for collection must be accompanied by a collection instruction indicating that the collection is subject to URC522 and giving complete and precise instructions. Banks are only permitted to act upon the instructions given in such collection instruction,and in accordance with these Rules.ii. Banks will not examine documents in order to obtain instructions.。
国际商会资料托收统一规则说明(中英文版)
国际商会托收统一规则》(中英文版)(ICC Uniform Rules for Collections ICC Publication No. 522 )ICC Uniform Rules for CollectionsICC Publication No. 5221995 Revision in force as of January 1, 1996CONTENTA. General Provisions and DefinitionsApplication of URC 522Definition of CollectionParties to a CollectionB. Form and Structure of CollectionsC. Form of PresentationPresentationSight/AcceptanceRelease of Commercial DocumentsDocuments Against Acceptance (D/A) vs Documents AgainstPayment (D/P)Creation of DocumentsD. Liabilities and ResponsibilitiesGood Faith and Reasonable CareDocuments vs. Goods/Services/PerformancesDisclaimer for Acts of an Instructed PartyDisclaimer on Documents ReceivedDisclaimer on Effectiveness of DocumentsDisclaimer on Delays, Loss in Transit and Translation Force MajeureE. PaymentPayment Without DelayPayment in Local CurrencyPayment in Foreign CurrencyPartial PaymentF. Interest, Charges and ExpensesInterestCharges and ExpensesG. Other ProvisionsAcceptancePromissory Notes and other InstructionsProtestCase-of-NeedAdvicesA. General Provisions and Definitions总则和定义Article 1Application of URC 522第一款:《托收统一规则》第522号的应用。
托收统一规则URC522中英文版6
Article 16Payment Without Delaya.Amounts collected (less charges and/or disbursements and/or expenses where applicable) must be made available without delay to the party from whom the collection instruction was received in accordance with the terms and conditions of the collection instruction.b. Notwithstanding the provisions of sub-article 1 (c) and unless otherwise agreed, the collecting bank will effect payment of the amounts collected in favour of the remitting bank only.Article 17Payment in Local CurrencyIn the case of documents payable in the currency of the country of payment (local currency), the presenting bank must, unless otherwise instructed in the collection instruction, release the documents to the drawee against payment in local currency only if such currency is immediately available for disposal in the manner specified in the collection instruction.Article 18Payment in Foreign CurrencyIn the case of documents payable in a currency other than of the country of payment (foreign currency), the presenting bank must, unless otherwise instructed in the collection instruction,release the documents to the drawee against payment in the designed foreign currency only if such foreign currency can immediately remitted in accordance with the instructions given in the collection instruction.Article 19Partial Paymentsa.In respect of clean collections, partial payments may be accepted if and to the extent to which and on the conditions on which partial payments are authorized by the law in force in the place of payment. The financial document(s) will be released to the drawee only when full payment thereof has been received.b. In respect of documentary collection, partial payments will only be accepted if specifically authorized in the collection instruction. However,unless otherwise instructed, the presenting bank will release the documents to the drawee only after full payment has been received, and the presenting bank will not be responsible for any consequence arising out of any delay in the delivery of documents.c.In all cases partial payments will be accepted only subject to compliance with the provisions of either Article 17 or Article18 as appropriate. Partial payment, if accepted, will be dealt with in accordance with the provisions of Article 16.E. Interest, Charges and ExpensesArticle 20Interesta.If the collection instruction specifies that interest is to be collected and the drawee refuses to pay such interest, the presenting bank may deliver the document (s) against payment of acceptance or on other terms and conditions as the case may be, without collecting such interest, unless sub-article 20 (c) applies.b. Where such interest is to be collected, the collection instruction must specify the rate of interest,interest period and basis of calculation.c.Where the collection instruction expressly states that interest may not be waived and the drawee refuses to pay such interest the presenting abnk will not deliver document and will not be responsible for any consequences arising out of any delay in the delivery of document(s). When payment of interest has been refused, the presenting bank must inform by telecommunication or, if that is not possible, by other expeditious means without delay the bank from which the collection instruction was received.Article 21Charges and Expensesa.If the collection instruction specifies that collection charges and/or expenses are to be ofr account of the drawee and the drawee refuses to pay them, the presenting bank may deliver the document(s) against payment or acceptance or on other terms and conditions as the case may be, without collecting charges and/or expenses,unless sub-article 21 (b) applies. Whenever collection charges and/or expenses are so waived they will be for the account of the party from whom the collection was received and may be deducted from the proceeds.b.Where the collection instruction expressly states that charges and/or expenses may not be waived and the drawee refuses to pay such charges and/or expenses, the presenting bank will not deliver documents and will not be responsible for any consequence arising out of any delay in the delivery of the document(s). When payment of collection charges and/or expenses has been refused the presenting bank must inform by telecommunication or, if that is not possible, by other expeditious means without delay the bank from which the collection instruction was received.c.In all cases where in the express terms of a collection instruction or under these Rules, disbursements and/or expenses and/or collection charges are to be borne by the principal, the collecting bank(s) shall be entitled to recover promptly outlays in respect of disbursements,expenses and charges from the bank form which the collection instruction ws received, and the remitting bank shall be entitled to recover promptly from the principal any amount so paid out by it,together with its own disbursements,expenses and charges,regardless of the fate of the collection.d.Banks reserve the right to demand payment of charges and/or expenses in advance from the party from whom the collection instruction was received, to cover costs in attempting to carry out any instructions, and pending receipt of suchpayment also reserve the right not to carry out such instructions.F. Other ProvisionsArticle 22AcceptanceThe presenting bank is responsible for seeing that the form of the acceptance of a bill of exchange appears to be complete and correct, but is not responsible for the genuineness of any signature or for the authority of any signatory to sign the acceptance.Article 23Promissory Notes and Other InstructionsThe presenting bank is not responsible fo the genuineness of any signature or for the authority of any signature to sign a promissory note, receipt,or other instruments.Article 24ProtestThe collection instruction should give specific instructions regarding protest (or other legal process in lieu thereof), in the event of non-payment or non-acceptance.In the absence of such specific instructions, the banks concerned with the collection have no obligation to have the document(s) protested (or subjected to other legal process in lieu thereof) for non-payment or non-acceptance.Any charges and/or expenses incurred by banks in connection with such protest, or other legal process,will be for the account of the party from whom the collection instruction was received.Article 25Case-of-NeedIf the principal nominates a representative to act as case-of-need in the event of non-payment and/or non-acceptance the collection instruction should clearly and fully indicate the powers of such case-of-need. In the absence of such indication banks will not accept any instructions from the case-of-need.Article 26AdvicesCollecting banks are to advise fate in accordance with the following rules:a.Form of AdviseAll advices of information from the collecting bank to the bank from which the collection instruction was received, must bear appropriate details including, in all cases,the latter bank’s reference as stated in the collection instruction.b.Method of AdviceIt shall be the responsibility of the remitting bank to instruct the collecting bank regarding the method by which the advices detailed in (c) i, (c) ii and (c) iii are to be given. In the absence of such instructions, the collecting bank will send the relative advices by the method of its choice at the expense of the bank from which the collection instruction was received.c. i. Advice of PaymentThe collecting bank must send without delay advice of payment to the bank from which the collection instruction was received, detailing the amount or amounts collected,charges and/or disbursements and/or expenses deducted, where appropriate, and method of disposal of the funds.ii.Advice of AcceptanceThe collecting bank must send without delay advice of acceptance to the bank from which the collection instruction was received.iii.Advice of Non-payment and/or Non-acceptanceThe presenting bank should endeavour to ascertain the reasons for non-payment and/or non-acceptance and advise accordingly, without delay,the bank from which it received the collection instruction.The presenting bank must send without delay advice of non-payment and/or advice of non-acceptance to the bank form which it received the collection instruction.On receipt of such advice the remitting bank must give appropriate instructions as to the further handling of the documents. If such instructions are not received by the presenting bank within 60 days after its advice of non-payment and/or non-acceptance, the documents may be returned to the bank from which the collection instruction was received without any further responsibility on the part of the presenting bank.。
托收统一规则URC522 中英文版
托收统一规则(1978年国际商会修订)★总则和定义:A.本总则、定义以及下列条文适用于下面(B)所限定的一切托收。
除非另有明示同意,或除非与一国、一州或地方所不得违反的法律条例的规定相抵触,它们对所有当事人都具有约束力。
B.就本规则、定义和条文而言:1. I ."托收"是指银行根据所收到的指示来处理下面(II)项所限定的单据,为了:a.取得承兑,和(或)视情况予以付款,或者b.在承兑后,和(或)视情况在付款后交付商业单据,或者c.按照其他条件交付单据。
II ."单据"是指资金单据和(或)商业单据:a. "资金单据"是指汇票、期票、支票、付款收据或其他用于取得付款的类似凭证;b."商业单据"是发票、装运单据、所有权单据或其他类似的单据,或者一切不属于资金单据的其他单据。
III ."光票托收"是指资金单据的托收,不附有商业单据。
Ⅳ."跟单托收"是指:a.资金单据的托收,附有商业单据;b.商业单据的托收,不附有资金单据。
2. "有关当事人"是指:I ."委托人" ,是指委托银行,办理托收业务的客户;II ."委托行" ,是指受委托人的委托,办理托收业务的银行;III ."代收?是指除委托行以外,参与办理托收指示的任何银行;Ⅳ."提示行"是指向付款人作出指示的代收行。
3. "受票人" ,就是根据托收指示书,向其作出提示的人。
c.送交托收的一切单据,必须附有一份完整的明确的托收指示书。
银行只被允许按照托收指示书中的规定和根据本规则行事。
如出于某种原因,某一银行不能执行它所收到的托收指示书的规定时,必须立即通知发出托收指示书的一方。
★义务和责任第一条银行应以善意和合理的谨慎行事。
第二条银行必须核实所收到的单据在表面上与托收指示书所列一致,如发现任何单据有遗漏,应即通知发出指示的一方。
URC522-chinese version
URC522URC522是国际商会于1979年1月号发布《托收统一规则》,一切国际商业贸易的托收规则都是根据本规则执行。
这个规则的效率与L/C的UCP600一致,深圳天捷建议各位国际贸易者,只有认真了解URC522,才能更好做好D/P托收操作。
以下是URC522中文版,本URC522中文版选自网络,我司对其翻译客观性与正确性不负担任何责任:托收统一规则(URC522中文版)(1978年国际商会修订)★总则和定义:A.本总则、定义以及下列条文适用于下面(B)所限定的一切托收。
除非另有明示同意,或除非与一国、一州或地方所不得违反的法律条例的规定相抵触,它们对所有当事人都具有约束力。
B.就本规则、定义和条文而言:1.I."托收"是指银行根据所收到的指示来处理下面(II)项所限定的单据,为了:a.取得承兑,和(或)视情况予以付款,或者b.在承兑后,和(或)视情况在付款后交付商业单据,或者c.按照其他条件交付单据。
II."单据"是指资金单据和(或)商业单据:a."资金单据"是指汇票、期票、支票、付款收据或其他用于取得付款的类似凭证;b."商业单据"是发票、装运单据、所有权单据或其他类似的单据,或者一切不属于资金单据的其他单据。
III."光票托收"是指资金单据的托收,不附有商业单据。
Ⅳ."跟单托收"是指:a.资金单据的托收,附有商业单据;b.商业单据的托收,不附有资金单据。
2."有关当事人"是指:I."委托人",是指委托银行,办理托收业务的客户;II."委托行",是指受委托人的委托,办理托收业务的银行;III."代收?是指除委托行以外,参与办理托收指示的任何银行;Ⅳ."提示行"是指向付款人作出指示的代收行。
托收统一规则中英文完整版
国际商会托收统一规则(英文版)(ICC Uniform Rules for Collections ,ICC Publication No. 522 )ICC Uniform Rules for CollectionsICC Publication No. 5221995 Revisi on in force as of Jan uary 1, 1996CONTENTA. Gen eral Provisi ons and Defin iti onsApplication of URC 522Defin iti on of Collectio nParties to a Collect ionB. Form and Structure of Collecti onsof Prese ntati onPrese ntatio nSight/Accepta neeRelease of Commercial Docume ntsDocume nts Aga inst Acceptio n (D/A) vs Docume nts Aga inst Payme nt (D/P) Creati on of Docume ntsand Resp on sibilitiesGood Faith and Reas on able CareDocume nts vs. Goods/Services/Performa ncesDisclaimer for Acts of an In structed PartyDisclaimer on Docume nts ReceivedDisclaimer on Effective ness of Docume ntsDisclaimer on Delays,Loss in Tran sit and Tran slatio nForce MajeureE. Payme ntPayme nt Without DelayPayme nt in Local Curre ncyPayme nt in Foreig n CurrencyPartial Payme nt‘Charges and Expe nsesIn terestCharges and Expe nsesG. Other Provisi onsAccepta neePromissory Notes and other In struct ionsProtestCase-of-NeedAdvices11A. Gen eral Provisi ons and Defin iti onsArticle 1Application of URC 522a. The Uniform Rules for Collections, 1995 Revision, ICC Publication , shall apply to all collecti ons as defi ned in Article 2 where such rules are in corporated into the text of the“ collectio n in structi on ” referred to in Article 4 and are binding on all parties thereto uni ess otherwise expressly agreed or con trary to the provisi ons of a n ati on al,state or local law an d/or regulati on which cannot be departed from.b. Banks shall have no obligatio n to han dle either a collectio n or any collectio n in structi on or subseque nt related in struct ions.c. If a bank elects, for any reas on, not to han dle a collectio n or any related in struct ions received by it, it must advise the party from whom it received the collectio n or the in struct ions by telecom muni cati on or, if that is not possible, by other expeditious means, without delay.Article 2Defin iti on of Collectio nFor the purposes of these Articles:a. “ Collect ion ” means the han dli ng by banks of docume nts as defi ned in sub-Article 2(b), in accorda nee received, in order to:I. obta in payme nt an d/or accepta nee, orII. deliver docume nts aga inst payme nt an d/or aga inst accepta nce,orIII. deliver docume nts on other terms and con diti ons.b. “ Documents” means financial documents and/or commercial documents:I. “ Financial documents ” means bills of exchange,promissory notes, cheques, or other similar in strume nts used for obta ining the payme nt of mon ey;II. “Commercial documents ” means invoice,transport documents,documents of title or other similar docume nts,or any other docume nts whatsoever, not being finan cial docume nts.c. ” Clean collection ” means collection of financial documents not accompanied by commercial docume nts.d. ” Docume ntary collect ion ” means collect ion of:I. finan cial docume nts accompa nied by commercial docume nts;docume nts not accompa nied by finan cial docume nts.Article 3a. For the purposes of these Articles the “ parties thereto” are:I. the “ prin cipal ” who is the party en trusti ng the han dli ng of a collect ion to a bank;II. the “ remitting bank ” which is the bank to which the principal has entrusted the han dli ng of a collect ion;III. “collecting bank ” which is any bank,other than the remitting bank, involved in process ing the collect ion;IV. the “ presenting bank” which is the collecting bank making presentation to the drawee.b. The “drawee” is the one to whom presentation is to be made in accordanee with the22collecti on in structio n. 23B . Form and Structure of Collect ionsArticle 4Collectio n In structi onA i. All docume nts sent for collectio n must be accompa nied by a collecti on in structio n in dicati ng that the collect ion is subject to URC522 and givi ng complete and precise in struct ions. Banks are only permitted to act upon the in struct ions give n in such collecti on in struct ion,and in accorda nee with these Rules.ii. Banks will not exam ine docume nts in order to obta in in struct ions.iii. Uni ess otherwise authorized in the collect ion in struct ion, banks will disregard any in struct ions from any party/ba nk other tha n the party/ba nk from whom they received the collecti ons.B A collectio n in structio n should con tain the followi ng items of in formatio n,as appropriate.i. Details of the bank from which the collection was received including full name,postal and SWIFT addresses,telex,teleph on e,facsimile nu mbers and referece.ii. Details of the prin cipal in clud ing full n ame, postal address,a nd if applicabletelex,telephone and facsimile numbers.iii. Details of the drawee including full name,postal address,or the domicile at which presentation is to be made and if applicable telex, telephone and facsimile numbers.iv. Details of the presenting bank,if any,including full name,postal address,and if applicable telex, teleph one and facsimile nu mbers.v. Amoun t(s) and curre ncy(ies) to be collected.vi. List of docume nts en closed and the nu merial count of each docume nt.vii. a) Terms and con diti ons upon which payme nt an d/or accepta nee is to be obta in ed.b) Terms of delivery of docume nts aga in st:1) payme nt an d/or accepta nee2) other terms and con diti onsIt is the resp on sibility of the party prepari ng the collect ion in struct ion to en sure that the terms for the delivery of docume nts are clearly and un ambiguously stated, otherwise banks will not be resp on sible for any con seque nces aris ing therefrom.viii. Charges to be collected, in dicat ing whether they may be waived or n ot.ix. In terest to be collected, if applicable, in dicat ing whether it may be waived or not, in cludi ng:a) rate of in terestb) in terest periodc) basis of calculati on (for example 360 or 365 days in year) as applicable.x. Method of payme nt and form of payme nt advice.xi. I nstrucit ons in case of non-payme nt, non-accepta nee an d/or non-complia nee with other in struct ions.i. Collectio n in struct ions should bear the complete address of the drawee or of the domicile at which the prese ntati on is to be made. If the address is in complete or in correct, the collecti ng bank may, without any liability and resp on sibility on its part, en deavour to ascerta in the proper address.ii. The collect ing bank will not be liable or resp on sible for any ensuing delay as a result of an address being provided.B. Form of Prese ntati onArticle 533Prese ntatio na. For the purposes of these Articles, prese ntati on is the procedure whereby the prese nting bank makes the docume nts available to the drawee as in structed.b. The collection instruction should state the exact period of time within which any action is to be take n by the drawee.Expressions such as “ first ” , “ prompt ”,” immediate ” , and the like should not be used in connection with presentation or with referenee to any period of time within which documents have to be take n up or for any other action that is to be take n by the drawee. If such terms are used banks will disregard them.c. Docume nts are to be prese nted to the drawee in the form in which they are received, except that banks are authorized to affix any n ecessary stamps, at the expe nse of the party from whom they received the collect ion uni ess otherwise in structed, and to make any n ecessaryen dorseme nts or place any rubber stamps or other ide ntify ing marks or symbols customary to or required for the collect ion operati on.d. For the purpose of giving effect to the instructions of the principal, the remitting bank will utilize the bank nominated by the principal as the collecting bank. In the absence of such nomination, the remitting bank will utilize any bank of its own, or another bank ' s choice in the country of payme nt or accepta nce or in the country where other terms and con diti ons have to be complied with.e. The documents and collection instruction may be sent directly by the remitting bank to the collect ing bank or through ano ther bank as in termediary.f. If the remitti ng bank does not nomin ate a specific prese nting bank, the collect ing bank may utilize a presenting bank of its choice.Article 6Sight/Accepta nceIn the case of docume nts payable at sight the prese nting bank must make prese ntati on for payme nt without delay.In the case of docume nts payable at a tenor other tha n sight the prese nti ng bank must, where accepta nce is called for, make prese ntati on for accepta nce without delay, and where payme nt is called for, make prese ntati on for payme nt no t later tha n the appropriate maturity date.\ Article 7Release of Commercial Docume ntsDocume nts Aga inst Accepta nce (D/A) vs. Docume nts Aga inst Payme nt (D/P) should not contain bills of excha nge payable at a future date with in struct ion that commercial docume nts are to be delivered aga inst payme nt.b. If a collect ion contains a bill of excha nge payable at a future date, the collect ionin struct ion should state whether the commercial docume nts are to be released to the drawee aga inst accepta nce (D/A) or aga inst payme nt (D/P).In the abse nce of such stateme nt commercial docume nts will be released only aga inst payme nt and the collect ing bank will not be resp on sible for any con seque nces aris ing out of any delay in the delivery of docume nts.c. If a collect ion contains a bill of excha nge payable at a future date and the collect ionin struct ion in dicates that commercial docume nts are to be released aga inst payme nt, docume nts will be released only aga inst such payme nt and the collect ing bank will not be resp on sible for any con seque nces aris ing out of any delay in the delivery of docume nts.Article 8Creati on of Docume nts44Where the remitti ng bank in structs that either the collect ng bank or the drawee is to create docume nts (bills of excha nge promissory no tes, trust receipts,letters of un dertak ing or other docume nts) that were not in cluded in the collecti on, the form and word ing of such docume nts shall be provided by the remitt ing bank, otherwise the collect ing bank shall not be liable or resp on sible for the form and word ing of any such docume nt provided by the collect ing bank an d/or the drawee.C. Liabilities and Resp on sibilitiesArticle 9Good faith and Reas on able CareBanks will act in good faith and exercise reas on able care.Article 10Docume nts vs. Goods/Services/Performa ncesshould not be dispatched directly to the address of a bank or con sig ned to or to the order of a bank without prior agreeme nt on the part of that bank.Nvertheless, in the event that goods are dispatched directly to the address of a bank or con sig ned to or to the order of a bank for release to a drawee aga inst payme nt or accepta nee or upon other terms and con diti ons without prior agreeme nt on the part of that bank, such bank shall have no obligati on to take delivery of the goods, which rema in at the risk and resp on sibility of the party dispatch ing the goods.b. Banks have no obligation to take any action in respect of the goods to which a docume ntary collectio n relates, i ncludi ng storage and in sura nee of the goods even whe n specific in struct ions are give n to do so. Banks will only take such action if, whe n, and to the exte nt that they agree to do so in each case, no twithsta nding the provisi ons of sub-article 1 (c), this rule applies even in the abse nee of any specific advice to this effect by the collect ing bank.c. Nevertheless, in the case that banks take acti on for the protect ion of the goods, whether in structed or not, they assume no liability or resp on sibility with regard to the fate an d/or con diti on of the goods an d/or for any acts an d/or omissi ons on the part of any third parties en trusted with the custody an d/or protect ion of the goods. However, the collecti ng bank must advise without delay the bank from which the collection instruction was received of any such action taken.d. Any charges an d/or expe nsed in curred by banks in conn ecti on with any action take n to protect the goods will be for the acco unt of the party from whom they received the collecti on.e. i. Notwithsta nding the provisi ons of sub-article 10 (a), where the goods are con sig ned to or the order of the collect ing bank and the drawee has honoured the collecti on by payme nt, accepta nee or other terms and con diti ons, and the collect ing bank arran ges for the authorized the collect ing bank to do so.a collect ing bank on the in struct ions of the remitt ing bank or in terms of sub-article 10 (e) i, arran ges for the release of the goods, the remitt ing bank shall indemnify such collect ing bank for all damages and expe nses in cured.Article 11Disclaimer For Acts of an In structed Partya. Banks utiliz ing the services of ano ther bank or other banks for the purposes of givi ng effect to the in struct ions of the prin cipal, do so for the acco unt and at the risk of such prin cipal.b. Banks assume no liability or resp on sibility should the in struct ions they tran smit not be carried out, even if they have themselves taken the initiative in the choice of such other bank(s).c. A party in struct ing ano ther party to perform services shall be bound by and liable to indemnify the in structed party aga inst all obligati ons and resp on sibilities imposed by foreig n laws and usages.55Article 12Disclaimer on Docume nts Receivedmust determ ine that the docume nts received appear to be as listed in the collect ionin struct ion and must advise by telecom-muni catio n or, if that is not possible, by other expeditious means, without delay, the party from whom the collection instruction was received of any docume nts miss ing, or found t be other tha n listed.Banks have no further obligati on in this respect.b. If the docume nts do not appear to be listed, the remitt ing bank shall be precluded from disputi ng the type and nu mber of docume nts received by the collect ing bank.c. Subject to sub-article 5 (c) and sub-article 12 (a) and 12 (b) above, banks will prese nt docume nts as received without further exam in ati on.Article 13Disclaimer on Effective ness of Docume ntsBanks assume no liability or responsibility ofr the form, sufficie ncy,accuracy,ge nuineness,falsificati on or legal effect of any docume nt (s) or superimposed there on; nor do they assume any liability, con diti on ,pack ing ,delivery, value of existe nee of the goods represe nted by any docume nt (s),or for the good faith or acts an d/or omissi on, solve ncy,performa nee or sta nding of the con sig nors, the carriers,the forwarders,the con sig nees or the in surers of the goods, or any other pers on whomsoever.Article 14Disclaimer on Delays,Loss in Tran sit and Tran slatio nassume no liability or resp on sibility for the con seque nces aris ing out of delay an d/or loss in transit of any message (s), letter(s) or document(s), or for delay,mutilation or other error(s) arising in tran smissi on of any telecom muni cati on or for error(s) in tran slati on an d/or in terpretati on of tech ni cal terms.b. Banks will not be liable or resp on sible for any delays result ing from the n eed to obta in clarificati on of any in struct ions received.Article 15Force MajeureBanks assume no liability or responsibility for consequence arising out of the interruption of their bus in ess by Acts of God, riots,civil commotios,i nsurrect ions, wars, or any other causes bey ond their con trol or by strikes or lockouts.D. Payme ntArticle 16Payme nt Without Delaycollected (less charges an d/or disburseme nts an d/or expe nses where applicable) must be made available without delay to the party from whom the collect ion in struct ion was received in accordance with the terms and conditions of the collection instruction.b. Notwithsta nding the provisi ons of sub-article 1 (c) and uni ess otherwise agreed, the collect ing bank will effect payme nt of the amounts collected in favour of the remitti ng bank only.Article 17Payme nt in Local Curre ncy66In the case of docume nts payable in the curre ncy of the country of payme nt (local curre ncy), the prese nting bank must, uni ess otherwise in structed in the collect ion in structi on, release the docume nts to the drawee aga inst payme nt in local curre ncy on ly if such curre ncy is immediately available for disposal in the manner specified in the collection instruction.Article 18Payme nt in Foreig n CurrencyIn the case of docume nts payable in a curre ncy other tha n of the country of payme nt (foreig n curre ncy), the prese nting bank must, uni ess otherwise in structed in the collecti on in struct ion, release the docume nts to the drawee aga inst payme nt in the desig ned foreig n curre ncy only if such foreig n curre ncy can immediately remitted in accorda nee with the in structi ons give n in the collectio n in structio n.Article 19Partial Payme ntsrespect of clea n collect ions, partial payme nts may be accepted if and to the exte nt to which and on the conditions on which partial payments are authorized by the law in force in the place of payment. The financial document(s) will be released to the drawee only when full payment thereof has bee n received.b. In respect of docume ntary collecti on, partial payme nts will only be accepted if specifically authorized in the collect ion in struct ion. However,u nl ess otherwise in structed, the prese nting bank will release the docume nts to the drawee only after full payme nt has bee n received, and the presenting bank will not be responsible for any consequence arising out of any delay in the delivery of docume nts.all cases partial payme nts will be accepted only subject to complia nce with the provisi ons of either Article 17 or Article 18 as appropriate. Partial payment, if accepted, will be dealt with in accorda nce with the provisi ons of Article 16.E. In terest, Charges and Expe nsesArticle 20In terestthe collecti on in struct ion specifies that in terest is to be collected and the drawee refuses to pay such in terest, the prese nti ng bank may deliver the docume nt (s) aga inst payme nt of accepta nce or on other terms and con diti ons as the case may be, without collect ing such in terest, uni ess subarticle 20 (c) applies.b. Where such in terest is to be collected, the collect ion in struct ion must specify the rate of interest,interest period and basis of calculation.the collecti on in struct ion expressly states that in terest may not be waived and the drawee refuses to pay such in terest the prese nti ng abnk will not deliver docume nt and will not be resp on sible for any con seque nces aris ing out of any delay in the delivery of docume nt(s). When payment of interest has been refused, the presenting bank must inform by telecommunication or, if that is not possible, by other expeditious means without delay the bank from which the collecti on in struct ion was received.Article 21Charges and Expe nsesthe collecti on in struct ion specifies that collect ion charges an d/or expe nses are to be ofr acco unt of the drawee and the drawee refuses to pay them, the prese nting bank may deliver the77docume nt(s) aga inst payme nt or accepta nee or on other terms and con diti ons as the case may be, without collect ing charges an d/or expe nses, uni ess sub-article 21 (b) applies.When ever collect ion charges an d/or expe nses are so waived they will be for the acco unt of the party from whom the collect ion was received and may be deducted from the proceeds.the collecti on in struct ion expressly states that charges an d/or expe nses may not be waived and the drawee refuses to pay such charges an d/or expe nses, the prese nti ng bank will not deliver docume nts and will not be resp on sible for any con seque nee aris ing out of any delay in the delivery of the docume nt(s). When payme nt of collecti on charges an d/or expe nses has bee n refused the presenting bank must inform by telecommunication or, if that is not possible, by other expeditious means without delay the bank from which the collecti on in structi on was received.all cases where in the express terms of a collectio n in structio n or un der these Rules, disburseme nts an d/or expe nses an d/or collect ion charges are to be borne by the prin cipal, the collect ing ban k(s) shall be en titled to recover promptly outlays in respect of disburseme nts,expe nses and charges from the bank form which the collectio n in structio n ws received, and the remitting bank shall be entitled to recover promptly from the principal any amount so paid out by it,together with its own disbursements,expenses and charges,regardless of the fate of the collect ion.reserve the right to dema nd payme nt of charges an d/or expe nses in adva nee from the party from whom the collect ion in struct ion was received, to cover costs in attempti ng to carry out any in struct ions, and pending receipt of such payme nt also reserve the right not to carry out such in struct ions.F. Other Provisi onsArticle 22Accepta neeThe prese nting bank is resp on sible for see ing that the form of the accepta nee of a bill of excha nge appears to be complete and correct, but is not resp on sible for the genuinen ess of any sig nature or for the authority of any sig natory to sig n the accepta nee.Article 23Promissory Notes and Other In structi onsThe presenting bank is not responsible fo the genuineness of any sig nature or for the authority of any sig nature to sig n a promissory no te, receipt, or other in strume nts.Article 24ProtestThe collectio n in structio n should give specific in struct ions regard ing protest (or other legal process in lieu thereof), in the event of non-payme nt or non-accepta nee.In the abse nee of such specific in struct ions, the banks concerned with the collect ion have no obligati on to have the docume nt(s) protested (or subjected to other legal process in lieu thereof) for non-payme nt or non-accepta nee.Any charges an d/or expe nses in curred by banks in conn ecti on with such protest, or other legal process,will be for the acco unt of the party from whom the collecti on in struct ion was received.Article 25Case-of-NeedIf the prin cipal nomin ates a represe ntative to act as case-of- need in the event of non-payme nt an d/or non-accepta nee the collect ion in structi on should clearly and fully in dicate the powers of 88such case-of- need. In the abse nee of such in dicati on banks will not accept any in structi ons from the case-of- need.Article 26AdvicesCollecting banks are to advise fate in accordance with the following rules:of AdviseAll advices of information from the collecting bank to the bank from which the collection in struct ion was received, must bear appropriate details in clud in g, in all cases,the latter bank ' s refere nce as stated in the collectio n in structio n.of AdviceIt shall be the resp on sibility of the remitt ing bank to in struct the collect ing bank regard ing the method by which the advices detailed in (c) i, (c) ii and (c) iii are to be give n. In the abse nce of such in struct ions, the collect ing bank will send the relative advices by the method of its choice at the expe nse of the bank from which the collectio n in structio n was received.c. i. Advice of Payme ntThe collect ing bank must send without delay advice of payme nt to the bank from which the collecti on in struct ion was received, detaili ng the amount or amounts collected,charges an d/or disburseme nts an d/or expe nses deducted, where appropriate, and method of disposal of the funds.of Accepta nceThe collecti ng bank must send without delay advice of accepta nce to the bank from which the collectio n in structio n was received.of Non-payme nt an d/or Non-accepta nceThe prese nting bank should en deavour to ascerta in the reas ons for non-payme nt an d/or non- accepta nce and advise accord in gly, without delay,the bank from which it received the collect ion in structio n.The prese nti ng bank must send without delay advice of non-payme nt an d/or advice of non- accepta nce to the bank form which it received the collectio n in structio n.On receipt of such advice the remitt ing bank must give appropriate in struct ions as to the further han dli ng of the docume nts. If such in struct ions are not received by the prese nti ng bank within 60 days after its advice of non-payme nt an d/or non-accepta nce, the docume nts may be returned to the bank from which the collectio n in structio n was received without any further resp on sibility on the part of the prese nting bank.一、总则和定义第一款《托收统一规则》第522号的应用。
托收统一规则URC522中英文版5
f. If the remitting bank does not nominate a specific presenting bank, the collecting bank may utilize a presenting bank of its choice.Article 6Sight/AcceptanceIn the case of documents payable at sight the presenting bank must make presentation for payment without delay.In the case of documents payable at a tenor other than sight the presenting bank must, where acceptance is called for, make presentation for acceptance without delay, and where payment is called for, make presentation for payment not later than the appropriate maturity date.Article 7Release of Commercial DocumentsDocuments Against Acceptance (D/A) vs. Documents Against Payment (D/P)a.Collection should not contain bills of exchange payable at a future date with instruction that commercial documents are to be delivered against payment.b. If a collection contains a bill of exchange payable at a future date, the collection instruction should state whether the commercial documents are to be released to the drawee against acceptance (D/A) or against payment (D/P).In the absence of such statement commercial documents will be released only against payment and the collecting bank will not be responsible for any consequences arising out of any delay in the delivery of documents.c. If a collection contains a bill of exchange payable at a future date and the collection instruction indicates that commercial documents are to be released against payment, documents will be released only against such payment and the collecting bank will not be responsible for any consequences arising out of any delay in the delivery of documents.Article 8Creation of DocumentsWhere the remitting bank instructs that either the collecting bank or the drawee is to create documents (bills of exchange promissory notes, trust receipts,letters of undertaking or other documents) that were not included in the collection, the form and wording of such documents shall be provided by the remitting bank, otherwise the collecting bank shall not be liable or responsible for the form and wording of any such document provided by the collecting bank and/or the drawee.C. Liabilities and ResponsibilitiesGood faith and Reasonable CareBanks will act in good faith and exercise reasonable care.Article 10Documents vs. Goods/Services/Performancesa.Goods should not be dispatched directly to the address of a bank or consigned to or to the order of a bank without prior agreement on the part of that bank.Nvertheless, in the event that goods are dispatched directly to the address of a bank or consigned to or to the order of a bank for release to a drawee against payment or acceptance or upon other terms and conditions without prior agreement on the part of that bank, such bank shall have no obligation to take delivery of the goods, which remain at the risk and responsibility of the party dispatching the goods.b. Banks have no obligation to take any action in respect of the goods to which a documentary collection relates, including storage and insurance of the goods even when specific instructions are given to do so. Banks will only take such action if, when, and to the extent that they agree to do so in each case, notwithstanding the provisions of sub-article 1 (c), this rule applies even in the absence of any specific advice to this effect by the collecting bank.c. Nevertheless, in the case that banks take action for the protection of the goods, whether instructed or not, they assume no liability or responsibility with regard to the fate and/or condition of the goods and/or for any acts and/or omissions on the part of any third parties entrusted with the custody and/or protection of the goods. However, the collecting bank must advise without delay the bank from which the collection instruction was received of any such action taken.d. Any charges and/or expensed incurred by banks in connection with any action taken to protect the goods will be for the account of the party from whom they received the collection.e. i. Notwithstanding the provisions of sub-article 10 (a), where the goods are consigned to or the order of the collecting bank and the drawee has honoured the collection by payment, acceptance or other terms and conditions, and the collecting bank arranges for the authorized the collecting bank to do so.ii.Where a collecting bank on the instructions of the remitting bank or in terms of sub-article 10 (e) i, arranges for the release of the goods, the remitting bank shall indemnify such collecting bank for all damages and expenses incured.Article 11Disclaimer For Acts of an Instructed Partya. Banks utilizing the services of another bank or other banks for the purposes of giving effect to the instructions of the principal, do so for the account and at the risk of such principal.b. Banks assume no liability or responsibility should the instructions they transmit not be carried out, even if they have themselves taken the initiative in the choice of such other bank(s).c. A party instructing another party to perform services shall be bound by and liable to indemnify the instructed party against all obligations and responsibilities imposed by foreign laws and usages.Article 12Disclaimer on Documents Receiveda.Bank must determine that the documents received appear to be as listed in the collectioninstruction and must advise by telecom-munication or, if that is not possible, by other expeditious means, without delay, the party from whom the collection instruction was received of any documents missing, or found t be other than listed.Banks have no further obligation in this respect.b. If the documents do not appear to be listed, the remitting bank shall be precluded from disputing the type and number of documents received by the collecting bank.c. Subject to sub-article 5 (c) and sub-article 12 (a) and 12 (b) above, banks will present documents as received without further examination.Article 13Disclaimer on Effectiveness of DocumentsBanks assume no liability or responsibility ofr the form, sufficiency,accuracy,genuineness,falsification or legal effect of any document (s) or superimposed thereon; nor do they assume any liability, condition,packing ,delivery, value of existence of the goods represented by any document (s),or for the good faith or acts and/or omission,solvency,performance or standing of the consignors, the carriers,the forwarders,the consignees or the insurers of the goods, or any other person whomsoever. Article 14Disclaimer on Delays,Loss in Transit and Translationa.Banks assume no liability or responsibility for the consequences arising out of delay and/or loss in transit of any message (s), letter(s) or document(s), or for delay,mutilation or other error(s) arising in transmission of any telecommunication or for error(s) in translation and/or interpretation of technical terms.b. Banks will not be liable or responsible for any delays resulting from the need to obtain clarification of any instructions received.Article 15Force MajeureBanks assume no liability or responsibility for consequence arising out of the interruption of their business by Acts of God, riots,civil commotios,insurrections, wars, or any other causes beyond their control or by strikes or lockouts.D. Payment。
托收统一规则中英对照
ICC UNIFORM RULES FOR COLLECTIONS ("URC 522")Please note that the title or classification on the heading of each Article is for reference as to intent and purpose. It is not to be construed as being other than solely for benefit or guidance and there should be no legal imputation.A. GENERAL PROVISIONS AND DEFINITIONSArticle 1 - APPLICATION OF URC 522a) The Uniform Rules for Collections, 1995 Revision, ICC Publication No. 522, shall apply to all collections as defined in Article 2 where such rules are incorporated into the text of the "collection instruction" referred to in Article 4 and are binding on all parties thereto unless otherwise expressly agreed or contrary to the provisions of a national, state or local law and/or regulation which cannot be departed from.B) Banks shall have no obligation to handle either a collection or any collection instruction or subsequent related instructions.C) If a bank elects, for any reason, not to handle a collection or any related instructions received by it, it must advise the party from whom it received the collection or the instructions by telecommunication or, if that is not possible, by other expeditious means, without delay.Article 2 - DEFINITION OF COLLECTIONFor the purposes of these Articles:a) "Collection" means the handling by banks of documents as defined insub-Article 2(b), in accordance with instructions received, in order to:1) obtain payment and/or acceptance, or2) deliver documents against payment and/or against acceptance, or3) deliver documents on other terms and conditions.B) "Documents" means financial documents and/or commercial documents:1) "Financial documents" means bills of exchange, promissory notes, cheques, or other similar instruments used for obtaining the payment of money;2) "Commercial documents" means invoices, transport documents, documents of title or other similar documents, or any other documents whatsoever, not being financial documents.C) "Clean collection" means collection of financial documents not accompanied by commercial documents.D) "Documentary collection" means collection of:1) Financial documents accompanied by commercial documents;2) Commercial documents not accompanied by financial documents.Article 3 - PARTIES TO A COLLECTIONa) For the purposes of these Articles the "parties thereto" are:1) the "principal" who is the party entrusting the handling of a collection to a bank;2) the "remitting bank" which is the bank to which the principal has entrusted the handling of a collection;3) the "collecting bank" which is any bank, other than the remitting bank, involved in processing the collection;4) the "presenting bank" which is the collecting bank making presentation to the drawee.B) The "drawee" is the one to whom presentation is to be made according to the collection instruction.B. FORM AND STRUCTURE OF COLLECTIONSArticle 4 - COLLECTION INSTRUCTIONa) 1) All documents sent for collection must be accompanied by a collection instruction indicating that the collection is subject to URC 522 and giving complete and precise instructions.Banks are only permitted to act upon the instructions given in such collection instruction, and in accordance with these Rules.2) Banks will not examine documents in order to obtain instructions.3) Unless otherwise authorized in the collection instruction, banks will disregard any instructions from any party/bank other than the party/bank from whom they received the collection.B) A collection instruction should contain the following items of information, as appropriate.1) Details of the bank from which the collection was received including full name, postal and SWIFT addresses, telex, telephone, facsimile numbers and reference.2) Details of the principal including full name, postal address, and if applicable telex, telephone and facsimile numbers.3) Details of the drawee including full name, postal address, or the domicile at which presentation is to be made and if applicable telex, telephone and facsimile numbers.4) Details of the presenting bank, if any, including full name, postal address, and if applicable telex, telephone and 'facsimile numbers.5) Amount(s) and currency(ies) to be collected.6) List of documents enclosed and the numerical count of each document.7) a) Terms and conditions upon which payment and/or acceptance is to be。
国际商会托收统一规则说明(中英文版)
国际商会托收统一规则》(中英文版)(ICC Uniform Rules for Collections ICC Publication No. 522 )ICC Uniform Rules for CollectionsICC Publication No. 5221995 Revision in force as of January 1, 1996CONTENTA. General Provisions and DefinitionsApplication of URC 522Definition of CollectionParties to a CollectionB. Form and Structure of CollectionsC. Form of PresentationPresentationSight/AcceptanceRelease of Commercial DocumentsDocuments Against Acceptance (D/A) vs Documents AgainstPayment (D/P)Creation of DocumentsD. Liabilities and ResponsibilitiesGood Faith and Reasonable CareDocuments vs. Goods/Services/PerformancesDisclaimer for Acts of an Instructed PartyDisclaimer on Documents ReceivedDisclaimer on Effectiveness of DocumentsDisclaimer on Delays, Loss in Transit and Translation Force MajeureE. PaymentPayment Without DelayPayment in Local CurrencyPayment in Foreign CurrencyPartial PaymentF. Interest, Charges and ExpensesInterestCharges and ExpensesG. Other ProvisionsAcceptancePromissory Notes and other InstructionsProtestCase-of-NeedAdvicesA. General Provisions and Definitions总则和定义Article 1Application of URC 522第一款:《托收统一规则》第522号的应用。
国际商会托收统一规则中英文
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《国际商会托收统一规则》(中英文版)(ICC Uniform Rules for Collections ICC Publication No。
522 )ICC Uniform Rules for CollectionsICC Publication No. 5221995 Revision in force as of January 1, 1996CONTENTA. General Provisions and DefinitionsApplication of URC 522Definition of CollectionParties to a CollectionB. Form and Structure of CollectionsC. Form of PresentationPresentationSight/AcceptanceRelease of Commercial DocumentsDocuments Against Acceptance (D/A) vs Documents Against Payment (D/P) Creation of DocumentsD. Liabilities and ResponsibilitiesGood Faith and Reasonable CareDocuments vs。
Goods/Services/PerformancesDisclaimer for Acts of an Instructed PartyDisclaimer on Documents ReceivedDisclaimer on Effectiveness of DocumentsDisclaimer on Delays, Loss in Transit and TranslationForce MajeureE。
[中学]URC522,中英文对照
[中学]URC522,中英文对照URC522,中英文对照跟单托收统一规则第522号一、总则和定义Article 1Application of URC 522第一款:《托收统一规则》第522号的应用。
a. The Uniform Rules for Collections, 1995 Revision, ICC Publication No.522, shall apply to all collections as defined in Article 2 where such ru les are incorporated into the text of the “collection instruction” referred to in Article 4 and are binding on all parties thereto unless otherwise expressly agreed or contrary to the provisions of a national, state or local law and/or regulation which cannot be departed from.国际商会第522号出版物《托收统一规则》1995年修订本将适用于第二款所限定的、并在第四款托收指示中列明适用该项规则的所有托收项目。
除非另有明确的约定,或与某一国家、某一政府,或与当地法律和尚在生效的条例有所抵触,本规则对所有的关系人均具有约束力。
b. Banks shall have no obligation to handle either a collection or any collection instruction or subsequent related instructions.银行没有义务必须办理某一托收或任何托收指示或以后的相关指示。
c. If a bank elects, for any reason, not to handle a collection orany related instructions received by it, it must advise the party from whom it received the collection or the instructions by telecommunication or, if that is not possible, by other expeditious means, without delay.如果银行无论出于何种理由选择了不办理它所收到的托收或任何相关的托收指示,它必须毫不延误地采用电讯,或者如果电讯不可能时采用其它快捷的工具向他收到该项指示的当事人发出通知。
托收统一规则URC522中英文版5
f. If the remitting bank does not nominate a specific presenting bank, the collecting bank may utilize a presenting bank of its choice.Article 6Sight/AcceptanceIn the case of documents payable at sight the presenting bank must make presentation for payment without delay.In the case of documents payable at a tenor other than sight the presenting bank must, where acceptance is called for, make presentation for acceptance without delay, and where payment is called for, make presentation for payment not later than the appropriate maturity date.Article 7Release of Commercial DocumentsDocuments Against Acceptance (D/A) vs. Documents Against Payment (D/P)a.Collection should not contain bills of exchange payable at a future date with instruction that commercial documents are to be delivered against payment.b. If a collection contains a bill of exchange payable at a future date, the collection instruction should state whether the commercial documents are to be released to the drawee against acceptance (D/A) or against payment (D/P).In the absence of such statement commercial documents will be released only against payment and the collecting bank will not be responsible for any consequences arising out of any delay in the delivery of documents.c. If a collection contains a bill of exchange payable at a future date and the collection instruction indicates that commercial documents are to be released against payment, documents will be released only against such payment and the collecting bank will not be responsible for any consequences arising out of any delay in the delivery of documents.Article 8Creation of DocumentsWhere the remitting bank instructs that either the collecting bank or the drawee is to create documents (bills of exchange promissory notes, trust receipts,letters of undertaking or other documents) that were not included in the collection, the form and wording of such documents shall be provided by the remitting bank, otherwise the collecting bank shall not be liable or responsible for the form and wording of any such document provided by the collecting bank and/or the drawee.C. Liabilities and ResponsibilitiesGood faith and Reasonable CareBanks will act in good faith and exercise reasonable care.Article 10Documents vs. Goods/Services/Performancesa.Goods should not be dispatched directly to the address of a bank or consigned to or to the order of a bank without prior agreement on the part of that bank.Nvertheless, in the event that goods are dispatched directly to the address of a bank or consigned to or to the order of a bank for release to a drawee against payment or acceptance or upon other terms and conditions without prior agreement on the part of that bank, such bank shall have no obligation to take delivery of the goods, which remain at the risk and responsibility of the party dispatching the goods.b. Banks have no obligation to take any action in respect of the goods to which a documentary collection relates, including storage and insurance of the goods even when specific instructions are given to do so. Banks will only take such action if, when, and to the extent that they agree to do so in each case, notwithstanding the provisions of sub-article 1 (c), this rule applies even in the absence of any specific advice to this effect by the collecting bank.c. Nevertheless, in the case that banks take action for the protection of the goods, whether instructed or not, they assume no liability or responsibility with regard to the fate and/or condition of the goods and/or for any acts and/or omissions on the part of any third parties entrusted with the custody and/or protection of the goods. However, the collecting bank must advise without delay the bank from which the collection instruction was received of any such action taken.d. Any charges and/or expensed incurred by banks in connection with any action taken to protect the goods will be for the account of the party from whom they received the collection.e. i. Notwithstanding the provisions of sub-article 10 (a), where the goods are consigned to or the order of the collecting bank and the drawee has honoured the collection by payment, acceptance or other terms and conditions, and the collecting bank arranges for the authorized the collecting bank to do so.ii.Where a collecting bank on the instructions of the remitting bank or in terms of sub-article 10 (e) i, arranges for the release of the goods, the remitting bank shall indemnify such collecting bank for all damages and expenses incured.Article 11Disclaimer For Acts of an Instructed Partya. Banks utilizing the services of another bank or other banks for the purposes of giving effect to the instructions of the principal, do so for the account and at the risk of such principal.b. Banks assume no liability or responsibility should the instructions they transmit not be carried out, even if they have themselves taken the initiative in the choice of such other bank(s).c. A party instructing another party to perform services shall be bound by and liable to indemnify the instructed party against all obligations and responsibilities imposed by foreign laws and usages.Article 12Disclaimer on Documents Receiveda.Bank must determine that the documents received appear to be as listed in the collectioninstruction and must advise by telecom-munication or, if that is not possible, by other expeditious means, without delay, the party from whom the collection instruction was received of any documents missing, or found t be other than listed.Banks have no further obligation in this respect.b. If the documents do not appear to be listed, the remitting bank shall be precluded from disputing the type and number of documents received by the collecting bank.c. Subject to sub-article 5 (c) and sub-article 12 (a) and 12 (b) above, banks will present documents as received without further examination.Article 13Disclaimer on Effectiveness of DocumentsBanks assume no liability or responsibility ofr the form, sufficiency,accuracy,genuineness,falsification or legal effect of any document (s) or superimposed thereon; nor do they assume any liability, condition,packing ,delivery, value of existence of the goods represented by any document (s),or for the good faith or acts and/or omission,solvency,performance or standing of the consignors, the carriers,the forwarders,the consignees or the insurers of the goods, or any other person whomsoever. Article 14Disclaimer on Delays,Loss in Transit and Translationa.Banks assume no liability or responsibility for the consequences arising out of delay and/or loss in transit of any message (s), letter(s) or document(s), or for delay,mutilation or other error(s) arising in transmission of any telecommunication or for error(s) in translation and/or interpretation of technical terms.b. Banks will not be liable or responsible for any delays resulting from the need to obtain clarification of any instructions received.Article 15Force MajeureBanks assume no liability or responsibility for consequence arising out of the interruption of their business by Acts of God, riots,civil commotios,insurrections, wars, or any other causes beyond their control or by strikes or lockouts.D. Payment。
国际商会托收统一规则说明(中英文版)
国际商会托收统一规则》(中英文版)(ICC Uniform Rules for Collections ICC Publication No. 522 )ICC Uniform Rules for CollectionsICC Publication No. 5221995 Revision in force as of January 1, 1996CONTENTA. General Provisions and DefinitionsApplication of URC 522Definition of CollectionParties to a CollectionB. Form and Structure of CollectionsC. Form of PresentationPresentationSight/AcceptanceRelease of Commercial DocumentsDocuments Against Acceptance (D/A) vs Documents AgainstPayment (D/P)Creation of DocumentsD. Liabilities and ResponsibilitiesGood Faith and Reasonable CareDocuments vs. Goods/Services/PerformancesDisclaimer for Acts of an Instructed PartyDisclaimer on Documents ReceivedDisclaimer on Effectiveness of DocumentsDisclaimer on Delays, Loss in Transit and Translation Force MajeureE. PaymentPayment Without DelayPayment in Local CurrencyPayment in Foreign CurrencyPartial PaymentF. Interest, Charges and ExpensesInterestCharges and ExpensesG. Other ProvisionsAcceptancePromissory Notes and other InstructionsProtestCase-of-NeedAdvicesA. General Provisions and Definitions总则和定义Article 1Application of URC 522第一款:《托收统一规则》第522号的应用。
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(ICC Uniform Rules for Collections ICC Publication No. 522 )ICC Uniform Rules for CollectionsICC Publication No. 5221995 Revision in force as of January 1, 1996CONTENTA. General Provisions and DefinitionsApplication of URC 522Definition of CollectionParties to a CollectionB. Form and Structure of CollectionsC. Form of PresentationPresentationSight/AcceptanceRelease of Commercial DocumentsDocuments Against Acceptance (D/A) vs Documents Against Payment (D/P)Creation of DocumentsD. Liabilities and ResponsibilitiesGood Faith and Reasonable CareDocuments vs. Goods/Services/PerformancesDisclaimer for Acts of an Instructed PartyDisclaimer on Documents ReceivedDisclaimer on Effectiveness of DocumentsDisclaimer on Delays, Loss in Transit and TranslationForce MajeureE. PaymentPayment Without DelayPayment in Local CurrencyPayment in Foreign CurrencyPartial PaymentF. Interest, Charges and ExpensesInterestCharges and ExpensesG. Other ProvisionsAcceptancePromissory Notes and other InstructionsProtestCase-of-NeedAdvicesA. General Provisions and Definitions总则和定义Article 1Application of URC 522第一款:《托收统一规则》第522号的应用。
a. The Uniform Rules for Collections, 1995 Revision, ICC Publication No.522, shall apply to all collections as defined in Art icle 2 where such rules are incorporated into the text of the “collection instruction” referred to in Article 4 and are binding on all parties thereto unless otherwiseexpressly agreed or contrary to the provisions of a national, state or local law and/or regulation which cannot be departed from.国际商会第522号出版物《托收统一规则》1995年修订本将适用于第二款所限定的、并在第四款托收指示中列明适用该项规则的所有托收项目。
除非另有明确的约定,或与某一国家、某一政府,或与当地法律和尚在生效的条例有所抵触,本规则对所有的关系人均具有约束力。
b. Banks shall have no obligation to handle either a collection or any collection instruction or subsequent related instructions.银行没有义务必须办理某一托收或任何托收指示或以后的相关指示。
c. If a bank elects, for any reason, not to handle a collection or any related instructions received by it, it must advise the party from whom it received the collection or the instructions by telecommunication or, if that is not possible, by other expeditious means, without delay.如果银行无论出于何种理由选择了不办理它所收到的托收或任何相关的托收指示,它必须毫不延误地采用电讯,或者如果电讯不可能时采用其它快捷的工具向他收到该项指示的当事人发出通知。
Article 2Definition of Collection第二款托收的定义For the purposes of these Articles: 就本条款而言:a.”Collection”means the handling by banks of documents as defined in sub-Article 2 (b), in accordance received, in order to: 托收是指银行依据所收到的指示处理下述(2)款所限定的单据,以便于:I. obtain payment and/or acceptance, or取得付款和/或承兑;或II. deliver documents against payment and/or against acceptance, or凭以付款或承兑交单;或III. deliver documents on other terms and conditions. 按照其他条款和条件交单。
b.”Documents”means financial documents and/or commercial documents: 单据是指金融单据和/或商业单据。
I. “Financial documents”means bills of exchange, promissory notes, cheques, or other similar instruments used for obtaining the payment of money;金融单据是指汇票、本票、支票或其他类似的可用于取得款项支付的凭证;II. “Commercial documents” means invoice, transport documents, documents of title or other similar documents, or any other documents whatsoever, not being financial documents.商业单据是指发票、运输单据、所有权文件或其他类似的文件,或者不属于金融单据的任何其他单据。
c.”Clean collection” means collection of financial documents not accompanied by commercial documents.d.”Documentary collection”means collection of:光票托收是指不附有商业单据的金融单据项下的托收。
I. financial documents accompanied by commercial documents;附有商业单据的金融单据项下的托收;II. Commercial documents not accompanied by financial documents.不附有金融单据的商业单据项下的托收。
Article 3第三款托收的关系人a. For the purposes of these Articles the “parties thereto”are: 就本条款而言,托收的关系人有:I. the “principal” who i s the party entrusting the handling of a collection to a bank;委托人即委托银行办理托收的有关人;II. the “remitting bank” which is the bank to which the principal has entrusted the handling of a collection;寄单行即委托人委托办理托收的银行;III. “collecting bank” which is any bank, other than the remitting bank, involved in processing the collection;代收行即除寄单行以外的任何参与处理托收业务的任何银行;IV. the “presenting bank” which is the collecting bank making presentation to the drawee.b. The “drawee”is the one to whom presentation is to be made in accordance with the collection instruction. 付款人即根据托收指示向其提示单据的人。
B.Form and Structure of Collections托收的形式和结构Article 4Collection Instruction第四款托收指示A i. All documents sent for collection must be accompanied by a collection instruction indicating that the collection is subject to URC522 and giving complete and precise instructions. Banks are only permitted to act upon the instructions given in such collection instruction, and in accordance with these Rules.所有送往托收的单据必须附有一项托收指示,注明该项托收将遵循《托收统一规则》第522号文件并且列出完整和明确的指示。