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票据管理实施办法 MEASURES FOR THE IMPLEMENTATION OF ADMINISTRATION OF NEGOTIABLE INSTRUMENTS

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中国人民银行令1997年第2号
(Approved by the State Council on June 23, 1997 Promulgated by the People's Bank of China on August 21, 1997)
颁布日期:19970821  实施日期:19971001  颁布单位:人民银行

  Article 1 These Measures are formulated in pursuance of the provisions of   Article 2 These Measures shall be applicable in the administration negotiable instruments within the territory of the People's Republic of China.

  Article 3 The People's Bank of China is the department of administration of negotiable instruments.

  Administration of negotiable instruments should abide by the provisions of The Law of Negotiable Instruments and these Measures as well as relevant laws and regulations and must not harm the legitimate rights and interests of parties to a bill.

  Article 4 Parties to a bill should engage in bill activities, exercise bill rights and fulfil bill obligations in accordance with law.

  Article 5 Parties to a bill should use bills on uniform format prescribed by the People's Bank of China.

  Article 6 The makers of bills of bank exchange shall be banks handling the business of bills of bank exchange approved by the People's Bank of China.

  Article 7 The makers of bankers' orders shall be banks handling the business of bankers' orders approved by the People's Bank of China.

  Article 8 The makers of commercial bills of exchange shall be enterprises and other organizations other than the banks.

  The makers of commercial bills of exchange applying to banks for the handling of acceptance of bills of exchange must meet the following qualifications:

  (1)opening of deposit account in banks of acceptance;

  (2)enjoying good credibility and having reliable source of capital for the payment of the amount of the bills of exchange.

  Article 9 Accepting banks of commercial bills of exchange must have the following qualifications:

  (1)having true relations of authority to pay with the makers;

  (2)having reliable capital for the payment of the amount of the bills of exchange.

  Article 10 The bearers of commercial bills of exchange applying to banks for discount on check must have the following qualifications:

  (1)opening of deposit account in banks;

  (2)having true trading relations and creditor-debtor relations with the makers and prior endorsers.

  Article 11 The makers of checks shall be enterprises, other organizations and individuals with opening of check deposit accounts in banks handling check deposit business, urban credit cooperatives and rural credit cooperatives approved by the People's Bank of China.

  Article 12 The "guarantor" referred to in the Law of Negotiable Instruments means the legal person, other organizations or individuals with repayment ability of debts in negotiable instruments.

  Branches and functional departments of state organs, non-profit institutions, societies and corporate enterprises must not serve as guarantors; unless it is otherwise provided for by law.

  Article 13 The signature and seal of the maker of the bank money order and the signature and seal of the bank accepting commercial bills of exchange shall be the special-purpose seal of the bank plus the signature or the affixed seal of its legal representative or his or her authorized agent.

  The signature and seal of the maker on bank check shall be the special purpose seal of the bank for bank check plus the signature or the affixed seal of its legal representative or his or her authorized agent.

  Special-purpose seals for bank money order and special-purpose seals for bank check must be subjected to the approval of the People's Bank of China.

  Article 14 The signature and seal of the maker on commercial bills of exchange shall be the special-purpose financial seal of the unit or official seal plus the signature or the affixed seal of its legal representative or his or her authorized agent.

  Article 15 The signature and seal of the maker on the checks shall be the special-purpose financial seal or official seal plus the signature or the affixed seal of its legal representative or his or her authorized agent which are in line with the signature and seal left in advance by the unit at the bank when the maker is the unit; they shall be the signature or the affixed seal in line with those left in advance by the said individual at the bank when the maker is an individual.

  Article 16 The "proper name" referred to in the Law of Negotiable Instruments means the name on the identity card in keeping with laws, regulations as well as the relevant provisions of the State.

  Article 17 The bills shall be null and void when the signature and seal of the maker on the bills are not in line with the provisions of the Law of Negotiable Instruments and these Measures; their signatures and seals shall be null and void when the signatures and seals of the endorser, acceptor and guarantor on the bills are not in line with the provisions of the Law of Negotiable Instruments and these Measures, however, they shall not affect the efficacy of other signatures and seals on the bills.

  Article 18 The "paying agent" referred to in the Law of Negotiable Instruments means the bank, urban credit cooperative and rural credit cooperative which makes the payment of the amount on the bills as entrusted by the payer.

  Article 19 The loser of bills can, pursuant to the provisions of the Law of Negotiable Instruments, report to the payer or the paying agent in time the loss of checks for stoppage of payment for loss of bills of exchange which can be reported for stoppage of payment as provided for by the Law of Negotiable Instruments.

  The loser of bills should fill in the report-loss-and-stop-payment note, affix his or her signature and seal when notifying the payer or the paying agent of the loss of the bills for stoppage of payment. The report-loss and-stop-payment note should carry the following particulars:

  (1)time and cause(s) of the loss of bills;

  (2)types, numbers and amount of bills, date(s) of making, date(s) of payment, name of the payer and name of the payee; and

  (3)name of the person reporting the loss and requesting stoppage of payment, business site or residence as well as ways of contact.

  Article 20 The payer or paying agent should immediately suspend payment on receipt of the report-loss-and-stop-payment note. Within twelve days starting from the date of the receipt of the report-loss-and-stop payment note when the payer or paying agent does not receive the stop-payment note from the people's court, the report-loss-and-stop-payment note shall be null and void as of the thirteenth day.

  Article 21 The payer or paying agent who has already made payment to the bearer according to law before the receipt of the report-loss-and-stop payment note shall no longer accept the report of loss and stop payment.

  Article 22 Banks, urban credit cooperatives and rural credit cooperatives can reach an agreement with the applicants on the use of encrypted code for payment on checks as terms for the payment of the amount on the checks when the applicants applying for the opening of check deposit accounts.

  Article 23 The guarantor should, pursuant to the provisions of the Law of Negotiable Instruments, carry particulars of guarantee on the bills or their allonge. The guarantor who provides guarantee for the maker, the payer and the acceptor should carry particulars of guarantee on the front side of the bills; the guarantor who provides endorser guarantee should carry particulars of guarantee on the back of the bills or on their allonge.

  Article 24 No unit or individual shall freeze amount on bills which are transferred after endorse ment according to law; unless it is otherwise provided for by law.

  Article 25 The "signature for receipt" referred to in Article 55 of the Law of Negotiable Instruments means the signature and seal of the bearer on the front side of the bill which indicates the bearer has already obtained the payment.

  Article 26 The date of the bearer presenting the bill to the bank shall be the date of presenting payment when presenting payment to the payer through the remitting bank or through the clearing system.

  Article 27 The "refusal of certification" referred to in Article 62 of the Law of Negotiable Instruments should include the following particulars:

  (1)types of bills and the principal particulars carried thereon the acceptance and payment of which have been refused;

  (2)the factual basis and legal basis for the refusal of acceptance and payment;

  (3)time of refusal of acceptance and payment; and

  (4)signatures and seals of the accepter and payer of refusal.

  The "note of dishonor" referred to in Article 62 of the Law of Negotiable Instruments should contain the following particulars:

  (1)types of bills dishonored;(2)the factual basis and legal basis of dishonor;

  (3)time of dishonor; and

  (4)signature and seal of the person returning the bills.

  Article 28 The "other relevant certifications" referred to in Article 63 of the Law of Negotiable Instruments mean:

  (1)certification of death of the accepter and payer issued by a hospital or a unit concerned;

  (2)certification of absconding of the accepter and payer issued by a judicial organ; and

  (3)documents with validity of refusal of certification issued by a not a rial office.

  Article 29 The "interest rate" prescribed in section (2) of paragraph one of Article 70 and in section (2) of paragraphone of Article 71 of the Law of Negotiable Instruments means the interest rate for floating fund loans fixed by the People's Bank of China.

  Article 30 Whoever having any of the acts listed in Article 103 of the Law of Negotiable Instruments which is slight in circumstances and does not constitute a crime shall be penalized by public security organs according to law.

  Article 31 Issuance of dud checks or issuance of checks the signature and seal thereon are not in line with those left in advance not with the purpose of gaining money and belongings by cheating shall be imposed a fine of 5% of the amount at face value but not less than RMB 1000 Yuan by the People's Bank of China; the bearer has the right to ask the maker for 2% compensation of the amount on the check.

  Article 32 Staff members of financial institutions who accept, make payment, guarantee or discount to bills which are in contravention of the provisions of the Law of Negotiable Instruments and these Measures due to negligence of duties in bill business, the persons-in-charge directly responsible and other persons directly responsible shall be meted out punishments of warning, recording of a demerit, removal or expulsion; those causing heavy losses and constituting a criminal offence shall be investigated of their criminal liabilities.

  Article 33 The payers of bills who deliberately suppress bills or defer payment for bills payable at sight or mature bills shall be imposed a 0.7%. fine of the amount of the bills every day within the period of suppression of bills and deferred payment by the People's Bank of China; the persons-in-charge directly responsible and other persons directly responsible shall be meted out punishments of warning, recording of a demerit, removal or expulsion.

  Article 34 Whoever print bills without authorization in violation of the provisions of the People's Bank of China shall be directed to make corrections by the People's Bank of China and be imposed a fine of more than RMB 10000 Yuan and less than RMB 200000 Yuan; for those with serious offences, the People's Bank of China is empowered to submit a request to the department concerned for the revocation of their business licences.

  Article 35 Formats, order of triplicate, colors, specifications and anti-forgery technical requirements and printing of bills shall be prescribed by the People's Bank of China.

  In determining the formats of bills, the People's Bank of China may add languages of the minority nationalities or foreign languages, taking into account the actual requirements of the minority nationalities regions and foreign embassies and consulates in China.

  Article 36 These Measures shall come into force as of October 1, 1997.

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