payment method

Specific measures taken by the payer to fulfill the bill debt
Collection
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Payment means that the payer performs Note debt The specific approach taken.
Generally, payment methods include personal payment and agent payment, transfer payment and cash payment.
Chinese name
payment method
Foreign name
method of payments
Category of payer
Personal payment and agent payment
Payment Classification
Transfer payment, cash payment
specific working means
(1) Personal payment and agent payment [1]
My payment, that is, the payment by the drawee, is the payment directly made by the drawee (or the acceptor if it has been accepted) on the bill to the holder; The agent payment is made by the payer or other person designated by the acceptor (usually the bank) on behalf of the payer. In the actual bill activity, if the drawee on the bill directly pays, only Bank acceptance bill In this case, the acceptance bank performs its obligations as the party on the bill, namely the debtor of the bill Note debt For Bank draft and Commercial acceptance bill For example, the drawee on the bill usually does not personally undertake the payment, but takes the bank as the agent drawee, takes other banks as the agent drawee for bank bills, and takes the acceptor's Bank of deposit It is the agent payer. The difference between the payer's payment and the agent's payment in the payment is mainly to clarify the different Legal relations Confirm the corresponding payment responsibility and effect. The agent payer is not the party to the bill, but the trustee of the payer. Therefore, the agent payer is not responsible for the bill, but Delegation The trustee's responsibility in. However, it should be noted that in the Bill law On the one hand, when making payments on behalf of the drawee, they also bear the same review responsibility as the drawee (Article 57 of the Negotiable Instruments Law); At the time when the holder pays to the agent Prompt payment Prompt payment also takes effect; It also occurs when the agent payer makes payment according to law Bill payment The effect of; While the agent payer Refusal to pay Of course, the effect of refusal to pay also occurs.
(2) Transfer payment and cash payment
In the Negotiable Instruments Law, there is no special restriction on whether to adopt the method of transfer or cash for bill payment, but in the bank Settlement system On the other hand, there are special restrictions on the way of bill payment. according to Settlement method According to the provisions of, when it is necessary to use a bank draft to withdraw cash from the agent payer, the word "cash" must be filled in the "amount of the draft" column of the bank draft first, and then the amount of the draft (Article 58 of the Payment and Settlement Methods); In addition, when issuing cash bank bills, both the applicant and the payee must be individuals. When the applicant or the payee is a unit, they may not issue cash bank bills (Article 59 of the Payment and Settlement Measures). According to the provisions of the settlement method, the usual bill payment, Should be For the purpose of transfer payment, cash payment is allowed only when the applicant and the payee on the bill are individuals.
payment method