国际结算 CH2 Instruments精品PPT课件

all holders in value
drawee
4present 5refuse
3sell 6recourse holder
drawer
Acceptor for honour 1time draft payee
2endorse
Acceptor for honour
recourse 7accept
2.1 An Overview of Negotiable Instruments
• 2.1.1 What is a negotiable instrument?
• 2.1.2 Chief features of negotiable instruments
• 2.1.3 Parties to a negotiable instrument
10) 正当持票人/善意的持票人holder in due course/bona fide holder：
➢The instrument should be complete and regular on its face;
➢The instrument is before maturity and the holder did not notice its previous dishonor, if any;
Holder for value
drawer
1draft
7recourse
payee
2give it as a gift
recourse?
holder for value
friend
As long as the draft is drawn for
value the parties after payee are
2.1.2 Features of negotiable instruments
• Negotiability 1) negotiation can be effected only by delivery or endorsement and delivery. 2) negotiation gives the transferee a right of action in his own name against the original promisor or acceptor Requisite in form 3) the transferee in good faith and for value can acquire a better title than that held by all his prior parties.
11) 付对价持票人holder for value :
a person who possesses an instrument for which value has been given by himself or by some other person prior to him in forms of money, goods,or services.
Buyer
present for payment
Local bank
endorse and transfer (sell) the bill to
Foreign bank
2.1.3 Parties to a negotiable instrument
• 1) 出票人drawer • 2) 付款人payer/drawee • 3) 收款人payee • 4) 承兑人acceptor • 5) 背书人endorser • 6) 被背书人 endorsee • 7) 参加承兑人acceptor for honor • 8) 保证人guarantor • 9) 持票人holder
2.1.1 Definition of negotiable instruments
• a negotiable instrument is a an unconditional promise or order to pay an amount of money that is easily transferable from one person to another.
➢The holder took it in good faith and for value;
➢The holder did not notice any infirmity in the instrument or defect in the title of the person negotiating it
He might be payee’s creditor or
parent company and wants to protect payee’s credit standing.
drawee
4Present for acceptance
5refuse to accept
holder 3sell 6recourse
Make a tenor note to
Seller
Seller
payee of bill is seller’s creditoras a 来自redit instrument
Sell goods and draw a bill asking to pay
as negotiable instrument
Chapter two Instruments of international settlement
• 2.1 An Overview of Negotiable Instruments
• 2.2 Bill of Exchange/Draft • 2.3 Promissory Note • 2.4 Check
• Non-causative
• Requisite in form
Seller
Functions of negotiable instruments
draw a draft and ask buyer to pay against it
Buyer
as a means of payment
Buyer