什么是BILL OF EXCHANGE？
汇票是一种无条件的书面命令，由一个人寄给另一个人，由提供汇票的人签字，要求被通知的人按需或在固定或可确定的未来时间向特定人 或对持有者的订单支付一定金额的金额。
BILL OF EXCHANGE
A bill of exchange (or ‘draft’) is a convenient method of collecting debts internationally, with a special status recognised in many jurisdictions.
The UK Bills of Exchange Act 1882, applicable to the UK and widely referred to by many legal jurisdictions, defines a bill of exchange as follows:
“A bill of exchange is 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.” (Bills of Exchange Act 1882)
特点：
- “Unconditional” means that no conditions are allowed. A clause such as ‘if you ship this machine by 1 February, I will pay you’ is not a valid draft.
- “In writing” includes print.
- “Addressed by one person” refers to the drawer, ie the originator of the draft. In trade finance, the drawer is the seller seeking to collect money and the drawee is the buyer (or sometimes a bank). If the drawer makes the draft payable to it, the drawer/seller is also the payee.
- “To another” refers to the person or business that is to make the payment to the drawer, ie the drawee; this might be the buyer’s bank. The drawee will pay the amount of the draft, or if the drawee ‘accepts’ an obligation to pay on a future date by signing the draft on its face and adding the word ‘accepted’, they become the ‘acceptor’ and they are legally committed to pay on the due date.
- “On demand or at a fixed or determinable future time” means either for payment on immediate presentation to the drawee or for payment at a determinable due date. For example, 90 days after the date of the draft is a determinable date but 90 days after the arrival of a ship is not, as the exact date of arrival can never be certain.
- “A sum certain in money” effectively means that the draft is to be issued for a sum of legal tender including foreign currencies.
- “A specified person or to bearer” is either the named payee or the person holding it if payable to bearer.
来自CITF2022， 6.3.1 Bill of exchange
