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支付
Main Points in Unit 10
1 Instruments of Payment
Currency
Bills
Draft
Promissory Note
Cheque
2 Modes of Payment
Remittance
Collection
L/C
3 Payment Clause in S/C
Section One Means of Payment in
International Trade
In international trade, the most frequently used
means of payment include currencies and bills. The
former is used for account, settlement and payment; the
latter for settlement and payment. In practice, sellers of
goods, in general, almost never insist on their rights to
demand cash for payment, but readily take certain bills,
such as bill of exchange(draft), promissory note and
cheque (check) for substitutes, among which draft are
widely used.
Draft is an unconditionally written order drawn by
the drawer for the money to be paid by the drawee
(payer) Drafts are negotiable instruments and may
be sold.
Promissory Note is a written and signed promise to
pay a stated amount of money to a particular
person.
Cheque is a written order to a bank to pay a certain
sum of money from one’s bank account to another
person The payer of a check is the drawer of the
check.
Bill of exchange
1) Definition of Bill of Exchange
A bill of exchange, also called draft, is defined as
“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”. The operation process of draft
includes: to draw, presentation, acceptance, payment,
endorsement, dishonor and recourse. Drafts are
negotiable instruments and may be sold. (P261)
Definition
Contents
Draft
Kinds
Use
Samples of bills
Samples of bills
No. 1022
$ 20,000 London, 10th March, 2009-3-19
No: 123/67
Exchange for $ 8000 Guangdong, China, 5th March, 2006
At 60 days sight of this First of exchange (the SECOND of the
same and date being unpaid) pay to or to the order of
Guangzhou ABC Import and Export Corporation the sum of
USD eight thousand only.
To: ABC Import and Export Co. Ltd
23 Washington Street
New York, USA
Guangzhou ABC Import and Export Corporation
Manager(Signed)
BILL OF EXCHANGE
No.__________________
For
At ____________________ sight of THIS SECOND BILL of EXCHANGE
(first of the same tenor and date unpaid) pay to___________________or order the
sum of Value received and charge the same to account of _____________________
_________________________________________________________________
Drawn under______________________________________________________
L/C No._______________________________dated_______________________
To.______________________________
___________________________
汇票
BILL OF EXCHANGE
No. 汇票编号 Date: 出票日期
For: 汇票金额
At 付款期限 sight of this second of exchange (first of the same
tenor and date unpaid) pay to the order of 受款人 the sum of
Drawn under 出票条款
L/C No. Dated
To. 付款人
出票人签章
1) Content of Bill of Exchange (draft)
Drawee Drawer
The relationship among these parties in a bill of exchange may
be described as a triangle as above
Contents in Draft
1)Involved Parties
出票人 (Drawer)
收款人 (Payee)
3) Classification of Bill of Exchange
According to the time when the bill falls due, bills of exchange
may be divided into sight (or demand) bill or a time (or usance ) bill.
A sight bill demands immediate payment by the drawee at the sight
of the bill. In case of a time bill, the drawee is required to accept it
first and pay it at a fixed or determinable future time, in other words,
it requires acceptance before payment. The fixed or determinable
future time may be a certain number of days after acceptance: a)
At … days after sight, such as “30 days sight or “60 days after sight”;
b) At … days after date if draft, such as “90 days after date of this
draft”; c) at fixed date in the future, such as “On May 12, 2006”.
(4). Commercial Acceptance Bill and Banker’s Acceptance
Bill
In time or usance commercial bill, when the drawer is a
commercial firm and the drawee is another commercial firm, the bill
after acceptance by the commercial firm or the drwee is called a
commercial acceptance bill; when the drawee is a commercial firm
or bank and the drawee is a bank, the bill after acceptance by the
bank or the drawee is called a banker’s acceptance bill.
Clean bill
Whether documentary
Documentary bill
Sight bill
Dead time of payment
Usance bill
Kinds
Commercial bill
Drawer
Commercial
Banker’s bill
Acceptance bill
Acceptance Banker’s
Acceptance bill
draw
presentation
use
acceptance payment
汇票图样
中国建设银行汇票样本
中国工商银行转帐支票票样
4) Use Bill of Exchange in Foreign Trade
A bill of exchange (draft) is an order to pay. It is made out by an
exporter and presented to an importer, usually through a bank. It
may be payable immediately on presentation (a sight or demand
draft), or so many days after presentation ( a time draft). In the latter
case, the drawee writes “ Accepted” across it and signs his name.
The exporter can then get immediate payment by discounting the
draft and supplying a letter of hypothecation. If a time draft is not
honored at maturity, it will be noted and protested by a Notary
Public, and represented the drawee. Such a draft, and the
corresponding payment terms, “Documents against Acceptance”,
obviously involve risk to the exporter or his bank.
(1). To draw
To draw is to fill up by the drawer the particulars in a
bill of exchange the date of drawing, the name of the
drawee, the time and amount of the payment, etc. The
draft is signed by the drawer and then sent to the payee.
There are three kinds of ways to fill up the payee:
* Restrictive payee, such as pay…Co. only, pay … Co.
not transferable;
* To order, such as pay … Co. or Order or Pay to the
Order of … Co. This type requires endorsement when
transferable.
* To bearer, such as pay bearer. This type requires no
endorsement.
(2). Presentation
The act of taking the bill to the drawee and
demanding that he make the payment or accept
the bill is known as presentation. For a sight
bill, payment should be made at the same time
when the presentation is made, and for a tile
bill, the drawee is required to accept the bill
when the bill is presented to him.
(3). Acceptance
The formal act whereby the drawee adopts the bill
as his own obligation is known as acceptance.
Acceptance is the written signification by the drawee
of his assent to the order of the drawer. This is
accomplished in the regular manner by writing the
word “Acceptance”, with the date and the signature of
the drawee, across the face of the bill. When the bill is
accepted by the drawee, he is then known as an
acceptor.
(4). Payment
Under a sight bill, the drawee is required to
make the payment when the bill is presented to
him while for a time bill, the drawee is required to
accept the bill when the bill is presented to him
and make the payment at the maturity of the bill.
When paid, the bill is retained by the payer while
the receipt is made and signed by the holder of the
bill.
(5). Endorsement
The bill of exchange is negotiable and transferable as
the payee on most bills is to “to the order of…”.
Negotiation and transfer is effected with endorsement. If
the payee on the bill is to “to the bearer”, then negotiation
and transfer is done with mere delivery of the bill.
Endorsement is done when the payee has signed his name
on the back of the bill with or without additional words
conveying instructions or qualifying liability.
Generally speaking, there are three main
endorsements, namely special, blank, restrictive.
Restrictive Endorsement
The endorser may write clearly on the upper part of the
signature on the back of the bill the endorsee with
restrictive conditions. A restrictive endorsement is one
which limits the bill for further negotiation, such as
“Pay … only” or “Pay … non-transfer”. Once the bill is
restrictively endorsed, it cannot be transferred any more.
Demonstrative Endorsement
A demonstrative endorsement is one which specifies the
person to whom, or to whose order, the bill is to be
payable, such as “Pay … or to order of”.
Blank Endorsement
A blank endorsement, or endorsement in blank, is one
which specifies no payee. The effect of a blank
endorsement is to make the bill payable to bearer and
to make delivery and without additional endorsement.
The bearer or holder of a bill so endorsed may
sometimes required, however, to place his
endorsement upon it at the time of making a further
negotiation.
Some Expressions used in Draft
汇款/寄钱 to remit/to send money
寄票供取款/支票支付 to send a cheque for payment
寄款人 a remitter 收款人 a remittee
国外汇票 foreign Bill 国内汇票 inland Bill
跟单汇票 documentary bill 空头汇票
accommodation bill
原始汇票 original bill
改写/换新票据 renewed bill
即期汇票 sight bill/bill on demand
见票后... 日付款 ... days' after sight/... days' sight
见票后... 月付款 ... months' after sight/... months'
sight
同组票据 set of bills
单张汇票 sola of exchange/sole of exchange
远期汇票 usance bill/bill at usance
长期汇票 long bill 短期汇票 short bill
逾期汇票 overdue bill 宽限日期 days of grace
drawn clauses 出票条款(注:即出具汇票的法律依据)
(1)all drafts drawn under this credit must contain the
clause “Drafts drawn Under Bank of…credit No.…dated…”
本证项下开具的汇票须注明“本汇票系凭……银行……
年……月……日第…号信用证下开具”的条款
支付方式从资金的流向与支付工具的传递方向划分,可
分为顺汇和逆汇。汇付采用顺汇,托收采用逆汇。
Remittance汇付(272)
(一) Definition & Involved Parties汇付的含义及当事人
1、Definition汇付的含义
2、Involved Parties汇付的当事人
Remitter汇款人
Payee收款人
Remitting Bank汇出行
Paying Bank汇入行或解付行
Remittance汇付
Definition Kinds
D/P D/A
Principal Payer
Exporter (1)S/C
Importer
(5)
Bank in Export (4) Bank in Import
Country Country
(7)
Remitting Collecting
bank Bank
D/P at sight: The buyer shall pay against draft and
documentary drawn by the seller at sight
and gain the documentary.
Payer Principal
(Importer) (Exporter)
1
3 4 6
2
Remitting Bank
Collecting Bank
5
D/P at…days after sight: The buyer shall duly accept
the documentary draft drawn by the seller upon first
presentation and make payment when expire.
Payer Principal
3 4 5 6
8 1
2
Collecting Bank
Notifying Bank Remitting Bank
7
付款交单(document against payment, D/P)
付款人 委托人
合同规定付款交单方式
(进口人) (出口人)
5 4 方3
提 即期付款交单 票收 1
付 审 示按 ,委
款 单 汇委
(D/P at sight) 跟托装 7
后 无 票托 单书货 交
代 误 和书 交,,
收 后 远期付款交单 付开填
款
单指
行 付 据示 (D/P after sight) 立写
交 款 向 汇托
单 买
2.寄交托收指示书、
代收行 汇票货运单据 托收行
6.办理转帐并通知款已收妥
承兑交单(document against acceptance, D/A)
付款人 委托人
合同规定承兑交单方式
(进口人) (出口人)
人 提 3 跟委 1
4 承 示 按 单托
兑 汇 委 交书装 6
到 汇 票 托 付,货
期 票 和 书 开, 。
日 , 单 指 立填 交
付 银 据 示 汇写 款
款 行 , 向 票托
交 进 买 ,收
单 口 方
2.寄交托收指示书、
代收行 汇票、货运单据 托收行
5.办理转帐并通知款已收妥
承兑交单(D/A)的支付程序
(1)S/C
Principal Payer
(7)Document
(8)payment
(5)Presentation
(4)Collection
Collecting
Remitting bank bank
(8)
Discussions:
9 8 1 3 4 5
2
Opening Bank Advising Bank
Paying Bank Negotiating Bank
6
7
Parties involved in L/C(P291)
1、 Applicant开证申请人,或开证人(Opener)
2、 Opening Bank,Issuing Bank开证银行
3、 Advising Bank,Notifying Bank通知银行
通知行只负责鉴别L/C的真实性,不承担其他义务。
4、 Beneficiary受益人
5、 Negotiating Bank议付银行、押汇银行或贴现银行
6、 Paying Bank付款银行
7、 Confirming Bank保兑银行
保兑银行具有与开证银行相同的责任和地位。
Standby
Special
use
Reciprocal
Graph
Anticipatory
Back-to-bake
of payment purpose
Using
Transferable
Revolving
Letter of Credit (292)
The way
Acceptance
Negotiation
Kinds
Payment
payment
Time of
Usance payable at sight
Usance
Sight
nature confirmed
Definition Unconfirmed
Confirmed
Irrevocable
Revocable
5) Attention should be Paid to the
Following When Using Letter of Credit
(信用信用证时应注意的问题)
简电本不是有效的L/C文件,不
能作为交单议付的依据。
(2) Full Cable全电本
(3)SWIFT L/C(全球银行金融电讯协会)
L/C的种类
(一)按L/C下的汇票是否随付货运单据
Documentary L/C跟单L/C
Clean L/C光票L/C
Revolving Credit循环L/C
1、The classification
(1)revolving with time按时间循环L/C
2、Advantages循环L/C的优点
3、The applicable scope循环L/C的适用范围:be
applicable for partial shipment equally适用于分批均匀交货
4、Specimen of Revolving Credit
Reciprocal Credit对开L/C
1、The characteristics对开L/C的特点
2、 The applicable scope对开L/C的适用范围
Frequentlyused in barter, compensation
trade and ect.多用于易货贸易、来料加工
或补偿贸易业务。
Back to Back Credit对背L/C或转开L/C
1、对背L/C的适用范围
2、开立对背L/C后,有关条款的变更
Anticipatory L/C预支L/C
1、预支方式(包括向开证行预支和向议
付行预支)
2、 Red Clause L/C红条款L/C
3、 Green Clause L/C绿条款L/C
开证行要求受益人必须将预支货款下
的货物,以开证行的名义存放在出口
国海关仓库,受益人凭“栈单”和以
后补交单据的声明书,预支部分货款。
*Differences between Standby L/C & L/G :
Collection
A set of
original
L/C documents
Combination of Collection & Stand-by L/C or L/G托收与备用信
用证或银行保函相结合
Deferred Payment延期付款:
Take
04.8.……
Put into delivery Check &
Production of goods Accept验 03.8.
投产 交货 收
进口商 出口商
货物
(受票人/买方/付款) (出票人/卖方/委托人)
返回
即期付款交单程序
进口商 合同 出口商
(买方/付款人) (卖方/委托人)
(1) (7)
(5) (4)
(3)
进口地银行 出口地银行
(代收行) (托收行)
返回
远期付款交易程序
进口商 合同 出口商
(买方/付款人) (卖方/委托人)
(2)
进口地银行 出口地银行
(代收行) (托收行)
(6)
返回
远期承兑交单程序
进口商 合同 出口商
(买方/付款人) (卖方/委托人)
(2)
进口地银行 出口地银行
(代收行) (托收行)
(5)
返回
信用证流通过程
进口商 合同 出口商
(买方/开证人) (卖方/受益人)
(6)
付款行 开证行 通知行 议付行
(2)
(7)
返回
四、信用证业务的一般结算程序:
1 合同
受益人 开证申请人
采用信用证支付方式
5 装运 14
6 B/L 15 提货
4 7 8 13 12 11 2
B/L
船公司
通 交 垫 交 付 提 申
知 单 付 单 款 示 请
信 议 货 付 开
用 付 款 款 证
证
10 偿付
通知行 议付行 付款行 开证行
9 寄单索汇
3 开立信用证,寄交通知行
Instrument of Payment
详解
现 汇 本 支
金 票 票 票
Modes of Payment
详解
出
银 口
信
汇 托 行 保
用 付
付 收 保
证 代
函
理