国际结算 第四章 托收：chapter4 Collection

2.1 Documents against Payment (D/P)
D/P means documeHale Waihona Puke Baiduts will be released only against payment. The principal or his agent submits the documents to the remitting bank with an order to deliver the documents to the drawee or his agent only when the documents have been paid.
• The peincipal ignored the remitting bank’s warning about the high risk of D/A and insisted on the change, so the remitting bank sent a modification instruction. • However, the collecting bank never sent the notice of acceptance. On August 2, the principal asked the remitting bank to instruct the collecting bank to send back the documents .
Principal
Drawee
Remitting Bank
Collecting Bank [Presenting Bank]
3. Relationship Between the Parties
collection application principal remitting bank collection instructions collecting bank
① The Overview of D/P at sight Under D/P at sight, the colleting bank present documents to the payee for payment. Only after the payment has been effected on demand( at sight), can the documents be released to the importer. ② The Overview of D/P after sight Under D/P after sight, the collecting bank first presents the draft to the drawee for acceptance, but does not release the documents to the drawee, and when the accepted bill matures, the collecting bank presents it to the drawee for payment, and only against the payment will the collecting bank release the documents to the drawee.
• A Bears more risk than • With good reputation B • Made out to order and • Obtain transport blank endorsed documents • Take delivery of goods • Make payment • Maturity date • Assume responsibility • Commercial credit
Remitting bank
9.Transfers
5.Acceptance 6. releases the documents 7. presents the draft for payment
3.Exams and sends related documents
Collecting bank
2 main contents of URC522 • Uniform Rules for Collection (ICC Publication No.522) consists of 6 parts, 26 articles. It includes general provision and definition, form and structure of collection, form of presentation, liabilities and responsibilities, interest charges and expenses, and finally, other provisions.
Principal
2.Shipment and submits documents 1.Sign a contract and indicate D/P after sight
Drawee
8.Release the documents
10.Credits principal’s account
4.Presents for 5 6 acceptance
7
Remitting bank
9.Transfers
3.Exams and sends related documents
Collecting bank
5.Acceptance 6. presents the draft for payment 7. effects payment
2.2. Documents against Acceptance (D/A)
二、托收方式的特点
结算的基础是商业信用
• 进出口双方各自“守信”达到“钱货两清”，托收 行的银行只是一般代理人。
托收方式的安全性高于汇款方式
• 出口商：可以通过控制代表货权的单据来控制货物； 进口商：只要付了款或对金融票据进行了承兑，就 可以得到代表物权的单据。
8.Credits principal’s account
4.Presents for payments
Remitting bank
7.Transfers
3.Exams and sends related documents
Collecting bank
• The Procedures of D/P after sight
Chapter4 Collection
• • • •
4.1 An Overview of Collection 4.2 Parties to Collection 4.3 Types of Collection 4.4 Responsibility and Obligation under Collection • 4.5 Points for Attention under Collection • 4.6 International customs and practice for Collection—URC522
sales contract
drawee
Clean Collection
Documents against Payment (D/P) (at sight and after sight)
collection
Documentary Collection Direct Collection Documents against Acceptance (D/A)
• The Procedures of D/A
1.Sign a contract and indicate D/A
Principal
2.Shipment and submits documents 10.Credits principal’s account
Drawee
4.Presents for 5 6 7 acceptance 8.Effects payment
2. 国际商会制定的《托收统一规则522》（Uniform Rules for Collection，URC522）对托收作了如下定 义：银行根据所收到的指示，处理金融单据或商业 单据以便取得付款和/或承兑，或凭付款和/或承兑交 出商业单据，或凭其他条款或条件交出单据。
注： 金融单据意指汇票、本票、支票或其它用于获得货币付款 的似票据。 商业单据意指发票、运输单据、物权单据或其他相似单据， 或不是金融单据的任何其他单据。
• On April 9,2014, a remitting bank accepted an outward collection business od D/P at sight with amount of US 100,00. Floowing the exporter’s instruction, the remitting bank mailed the full set of documents together with a collection instruction to a collecting bank in the U.S. • A week later, the principal claimed that the importer required the remitting bank to change “D/P at sight into D/A at 60 days after sight”.
• On August19, the remiiting bank received the returned documents and found one of the threee original bills of lading was missing.
• Through an organization in U.S. , the principal learned that the goods had been picked up by importer. • The remitting bank required that the collecting bank either send back the document in full or make payment by acceptance. But the collecting bank paid no attention to it.
Documents against acceptance means that the collecting bank is allowed to release the documents to the drawee against the drawee’s acceptance of a draft. The draft under D/A is a time draft. It may be made payable after date or after sight.
第四章 托收
• • • • • •
托收的定义与特点 托收业务的当事人及其权利、义务与责任 托收业务的程序 托收种类 托收业务的注意事项 托收结算方式的国际惯例---URC 522
一、托收的定义：
1.“托收”就是委托收款的简称，意指委托人 （债权人）向银行（托收行）提交凭以收取款 项的金额单据（Financial Documents）或商业 单据（Commercial Documents）或两者兼有， 要求托收行通过其联行或代理行向付款人（债 务人）请求付款的一种结算方式。
• The Procedures of D/P at sight
1.Sign a contract and indicate D/P at sight
Principal
2.Shipment and submits documents
Drawee
5.pay
6.Delivers all the documents