Administrative Measures On Business Electronic Commercial Draft

Original Language Title: 电子商业汇票业务管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201004/20100400253026.shtml

Administrative measures on business electronic commercial draft

    (October 16, 2009 people's Bank of China announced come into force on the date of promulgation, 2009 2nd) Chapter I General provisions

    First to standardize the electronic commercial draft business, safeguarding the legitimate rights and interests of parties in electronic commercial draft activities, promoting the development of electronic commercial draft business, according to the People's Republic of China people's Bank of China and the People's Republic of China Law on bills, the People's Republic of China electronic signature law and the People's Republic of China real right law and the Bills, measures for the implementation of relevant laws and regulations, these measures are formulated.

    Article on electronic commerce, which is that people rely on electronic commercial draft system, produced in form of a data message, and authorize payment to pay unconditionally the amount on a specified date to the payee or bearer negotiable instruments.

    Electronic commercial draft is comprised of electronic bank draft and acceptance of electronic commerce.

    Electronic bank draft by banking institutions, finance companies (hereinafter referred to as financial institutions) acceptance; acceptance of electronic commerce acceptance by legal persons other than financial institutions or other organizations.

    Electronic commercial draft payer is the acceptor.

    Article electronic commercial draft system is approved by the people's Bank of China building, relying on the Internet and computer technology, receive, store, send electronic commercial draft data messages, providing electronic commercial draft monetary payment and settlement related services business process platform.

    Fourth electronic commercial draft each party should be in line with the principle of good faith, in accordance with the Regulations Act.

    Article fifth votes out of the electronic commercial draft, acceptance, endorsement, guarantee, prompt payment and recovery of business, must be handled through electronic commercial draft system.

    Sixth subject of electronic commercial draft business category is divided into:

    (A) direct access electronic commercial draft system for financial institutions (hereinafter referred to as access);

    (Ii) financial institutions access to Agency for electronic commercial draft business (hereinafter Agency);

    (C) legal persons other than financial institutions and other organizations.

    Electronic commercial draft system to assign a different category codes different business subjects.

    Article seventh party to an instrument for electronic commercial draft business should have the People's Republic of China organizations and agencies code.

    Agencies, financial institutions, and other legal persons and other organizations conducting electronic commercial draft business, you should access institution to open an account.

    Eighth electronic commercial draft business services access institutions, dealing with the basic audit responsibility for authenticity of the information, and according to the methods, and the relevant provisions, business electronic commercial draft service agreements entered into with the customer, and specify the rights and obligations of both parties.

    Basic customer information, including customer name, account number, organization code and the main categories of business information.

    Nineth operators designated by the people's Bank of China electronic commercial draft system and supervision.

    Tenth access agencies should be required to the customer and forward electronic commercial draft system of electronic commercial draft information and ensure internal electronic commercial draft system storage information matches the information stored with the electronic commercial draft system.

    11th electronic commercial draft messages in electronic commercial draft system of records shall prevail.

    12th bills of Exchange denominated in Chinese Yuan to electronic commerce unit.

    Basic provisions of chapter II

    13th electronic commercial draft day payment instruments.

    Electronic commercial draft terms of payment from the date of issue up to expiration date should not be longer than 1 year.

    Article 14th Party in electronic commercial draft of signature, for the secure electronic signature by the parties.

    Certification of electronic signature required services should be provided by a legitimate electronic certification service providers.

    A reliable electronic signature must be in conformity with the People's Republic of China provisions of the 13th article of the law on electronic signatures.

    15th in electronic commercial draft operational activities, a party to an instrument used by data messages and electronic signatures should be in line with the People's Republic of China Law on electronic signature regulations.

    16th customer for electronic commercial draft activities, its signature by relying on the electronic signature creation data and electronic signature certification should be specified to access bodies e-registration and approval of application for the certification service provider.

    Access mechanism to provide electronic commercial draft business services or as an electronic commerce Bill clients, its signature by relying on the electronic signature creation data and electronic signature certificates, electronic commercial draft system should be operated by designated electronic registration and approval of application for the certification service provider.

    17th access institutions, electronic commercial draft system operator to specify the electronic certification service providers, electronic signature certification audit responsible for authenticity of identity of the applicant.

    Electronic certification service providers in accordance with the People's Republic of China Law on electronic signature bear corresponding responsibility.

    18th access institutional response by it to carry out electronic commercial draft business customers review responsibility for the authenticity of electronic signatures.

    Electronic commercial draft system operators to access identity authenticity and auditing responsibility for authenticity of electronic signatures.

    19th electronic commercial draft system should immediately receive and process electronic commercial draft information, access institutions and interested party concerned immediately sends the information access agencies should receive and process electronic commercial draft information in real time, and sends that information to a party to an instrument in real time.

    20th the drawer when issuing the electronic commercial draft, should be delivered to payee.

    E-business endorsement, endorsers should deliver the electronic commercial draft endorsee.

    Electronic commercial draft pledge to lift, the pledgee shall hand over the electronic commercial draft Pledger.

    Delivery refers to a party to an instrument electronic commercial draft will be sent to the assignee, assignee sign behavior.

    Article 21st sign refers to the parties agree to accept the other party concerned of applications, sign and send electronic instructions to be confirmed.

    Rejected refers to the parties refuse to accept applications for other acts of a party to an instrument, sign and send electronic instructions to be confirmed.

    The payee and endorsee to sign agreement with the access, delegate access institution to sign or reject the application and agent signatures.

    Commercial acceptance bill acceptor should sign agreement with the access of, in the case of compliance with these regulations, by access institution to sign or reject the payment instructions, and agent signatures.

    22nd drawer or endorser on the electronic commercial draft documents "not transferable" items, the electronic commercial draft may not be continued endorsement. Article 23rd through the application of the electronic commercial draft system, the receiver was not signed and are not rejected, the party concerned may dismiss the application.

    Electronic commercial draft system is the receiver, the party concerned may not be revoked.

    24th the date of issue of the electronic commercial draft is noted that records in electronic commercial draft on the ticket issue date.

    Electronic commercial draft directives for prompt payment means prompt payment applications into electronic commercial draft system date.

    Refused to refer to the date of payment of the electronic commercial draft rejected payment applications for order entry date of the electronic commercial draft system.

    Electronic commercial draft behavior days means of recourse-recourse notification order entry date of the electronic commercial draft system.

    Rescission, accept, endorse, guarantee, pledge payments and recourse liquidation date refers to the corresponding sign for order entry date of the electronic commercial draft system.

    25th electronic commercial draft before the release, electronic commerce the acceptor of a Bill may not revoke the handling electronic commercial draft business account access institution for its cancellation procedures.

    Article 26th providing electronic access termination of commercial bills business services should be provided by other connected institutions to undertake its electronic commercial draft business services.

    Chapter III acts

    Section I tickets

    27th votes out of the electronic commercial draft, is that the ticket issuance of electronic commercial draft and deliver the recipient notes.

    Drawer in the electronic commercial draft before delivery of the payee, but bills are not returned.

    The drawer may not be prompted to deliver the bills after the payee of the payment period.

    28th electronic commercial draft the drawer must be for the banking institutions of the legal person or other organization.

    Electronic bank draft drawee should accept financial institution to open an account.

    29th drawn electronic commerce must record the following:

    (A) show that the "e-bank acceptance bills" or "electronic commercial acceptance" were deleted;

    (B) the unconditional payment of delegates;

    (C) determine the amount;

    (D) the name of the drawer;

    (E) the name of the payer;

    (F) the name of the payee;

    (G) the issue date;

    (H) the maturity date;

    (IX) the drawer's signature.

    Article 30th drawer can be recorded on electronic commercial draft its own rating information, and is responsible for the authenticity of recorded information, but the entry does not have the effectiveness of the instrument.

    Rating information, including ratings agencies, credit rating and the ratings expiration date.

    Section II d/

    31st electronic commercial Bill acceptance, refers to the promise of payment at maturity date electronic commercial draft bill payments.

    32nd electronic commercial draft before delivery of the payee, by the drawee.

    33rd electronic bank draft by real trade or debtor in the debt issue, and referred to the acceptance of financial institutions.

    Electronic bank draft and the drawer the payee shall not be the same person.

    Article 34th acceptance of electronic commercial acceptance in several ways:

    (A) the real trading relationship, or the debtor in the debt issuance and acceptance;

    (B) the real trading relationships or debts issued by the debtor, to a third person for acceptance;
(C) the third issue, referred to the real trading relationship, or the acceptance by the debtor in the debt;

    (D) issued by the payee, referred to the real trading relationship, or the acceptance by the debtor in the debt.

    35th drawer electronic bank draft should be submitted to the acceptance of financial institutions real and effective, to prove the real deal or contract or other evidence of debt transactions, and to make corresponding records in the electronic commercial draft, acceptance of financial institutions shall be responsible for auditing.

    Article 36th Acceptor should before maturity date, accept electronic commercial draft.

    37th Acceptor accepts electronic commercial draft, you must specify the following particulars:

    (A) show that "acceptance" were deleted;

    (B) the date of acceptance;

    (C) the acceptor's signature.

    Article 38th Acceptor can be recorded on electronic commercial draft its own rating information, and is responsible for the authenticity of recorded information, but the entry does not have the effectiveness of the instrument.

    Rating information, including ratings agencies, credit rating and the ratings expiration date.

    Section III transfer of endorsement

    39th endorsement means the holder rights on the electronic commerce act transferred according to law.

    Note After the payment period, not for endorsement.

    40th endorsement should be based on real and legitimate trading relations and debtor-creditor relationship, or taxation, inheritance, donations, dividends and other legal basis.

    41st endorsement must specify the following particulars:

    (A) the name of endorser;

    (B) the name of the endorsee;

    (C) the date of endorsement;

    (D) the endorsement signatures.

    Fourth day discount, go to the discount and rediscount

    42nd discounting refers to the ticket holders before maturity date, to transfer Bill rights endorsement to financial institutions, which after deduction of certain interest, the agreed amount is paid to the bearer of the note behavior.

    Refers to the financial institutions held re-discount before maturity date, to transfer Bill rights endorsement to other financial institutions, which after deduction of certain interest, the agreed amount is paid to the bearer of the note behavior.

    Rediscount means financial institutions before the maturity of the notes, endorsement in the rights to the people's Bank of China, which after deduction of certain interest, the agreed amount is paid to the bearer of the note behavior.

    43rd discount, go to the discount and rediscount transactions, divided into outright and buy-backs.

    Outright mean stick people which rights are transferred into people, not to specify the future redemption transaction.

    Buy-back refers to the post will transfer rights to paste into and agree future redemption transaction.

    Electronic commercial draft discount, to discount and rediscount operations negotiable right of a party to an instrument is posted, and the right of a party to an instrument is posted into the people.

    44th electronic commercial draft party at the time of repurchase-discount, rotating-discount and repurchase repurchase rediscount business, should be clearly open day of redemption, redemption deadline date.

    Open day of redemption refers to handle the repurchase-discounted redemption, repurchase Rotary discounted redemption and repurchase starting date of rediscount redemption business.

    Redemption deadline refers to the handle-repo discount redemption, repurchase Rotary discounted redemption and repurchase discount deadline for redemption business, this date should be earlier than the maturity date.

    From the date of redemption open to redemption deadline date for the redemption period.

    Article 45th opened recently at redemption, the original post man, originally posted in people other than Recovery Act shall not be made.

    Repurchase type discount, repo-re-discount and repo-rediscount business in the post man, originally posted in person should be in accordance with the agreement and in the redemption period to redeem bills.

    Redemption period does not redeem the notes, originally posted in one endorsement can only be after the redemption deadline date to others or the exercise of rights, in addition to instruments other than the rights and obligations stipulated by the agreement.

    Article 46th holder when applying for the discount, pasted into the human should be provided to prove it directly between hands before the real deal or debt contracts, invoices and other material, and to make corresponding records in the electronic commercial draft, paste into who should be responsible for the review.

    47th electronic commercial draft discount, go discount and rediscount must record the following:

    (A) the name of the post;

    (B) the name of the paste into;

    (C) the discount, go to the discount or discount date;

    (D) the discount, discount or discount type;

    (V) the transfer discount, discount and rediscount rate;

    (F) the amount paid;

    (G) the posted sign.

    Paid amount is posted into the total amount of people actually paid to post.

    Repurchase type discount, repo-re-discount and repo-rediscount records should also open day of redemption and redemption deadline date.

    Discount records posted discounted funds also recorded information.

    48th electronic commercial draft repurchase type discount, repo-re-discount and repo-discounted redemption shall be made in endorsements, and record the following:

    (A) the name of the original post;

    (B) the original paste in the name;

    (C) the redemption date;

    (D) redemption rate;

    (E) redemption amount;

    (Vi) originally posted into the signature.

    49th discount and the discount interest rate, term, such as by post and paste into the consultation.

    Rediscount rate stipulated by the people's Bank of China.

    50th electronic commercial draft discount, go discount and rediscount to select fare against Cleared Funds or other means.

    Tickets in these measures deal with refers to completed delivery and delivery of funds at the same time, a way of trading and condition each other.

    Fifth day pledge

    51st electronic commercial draft pledge refers to the electronic commercial drafts holders in order to provide debt guarantees, bills due date for registration in electronic commercial draft system, the instrument for the establishment of pledge of creditors Act.

    52nd main debt maturities before the maturity date, and the principal obligation has been fulfilled, the pledgee shall be governed by agreement about rescinding the hypothecation.

    Debt maturities before Bill due date, and the primary debt is to perform, the pledgee may exercise the rights, but may not continue to endorse.

    Ticket expiration date precedes the main debt maturities, the pledgee may, exercising the right of maturity, and the pledge agreement will be honoured with the fare to pay off the mortgage in advance claims or continue to operate as a security for debt.

    53rd electronic commercial draft pledge, you must specify the following particulars:

    (A) the name of the pledgor;

    (B) the name of the pledgee;

    (C) the date of pledge;

    (D) show that the "pledge" were deleted;

    (E) the pledgor signatures.

    54th electronic commercial draft pledge to lift, you must specify the following particulars:

    (A) show that the "pledge of disarmament" were deleted;

    (Ii) pledge of lifting date.

    Sixth section guarantee

    55th electronic commercial draft guarantees is recorded on the electronic commercial draft third party other than the debtor to ensure the bill payment of Bill.

    Before the 56th electronic commercial draft honoured, guaranty to the guarantor, the guarantor for the drawer.

    Electronic commercial draft honoured after the drawer electronic commercial draft before delivery of the payee, and guaranty to the guarantor, the guarantor for the acceptor.

    Drawer will deliver electronic commercial draft after the payee, surety guarantee, warrantee as endorser.

    57th electronic commercial draft guarantee, you must specify the following particulars:

    (A) show that "guarantees" were deleted;

    (Ii) the guarantor name;

    (C) the guarantor residence;

    (Iv) the guarantor name;

    (E) the guarantee date;

    (F) the signature of the guarantor.

    Seventh day payment

    Article 58th refers to the holder of the presentation to the acceptor for payment through the electronic commercial draft system behavior.

    Holder should payment to the Acceptor during the payment period.

    Prompt payment period from the date of maturity on 10th, last day of holidays, large-value payment systems non-business day, electronic commercial draft system non-business day will be rescheduled. 59th holder maturity now prompt payment, acceptance to pay or refuse payment or payment on the due date.

    Acceptor in refusing to pay or does not answer, bearer negotiable instruments prompted again after the expiration of payment.

    60th holder in prompt payment period for payment, the acceptor shall on receipt of the payment request no later than on the day the next day (holidays, large-value payment systems non-business day, electronic commercial draft system non-business day will be rescheduled) to pay or refuse payment. Ticket holders over the prompt payment of prompt payment, the access authority may not refuse to accept.

    Holders reasonable instructions, the acceptor shall still bear the payment responsibility and within the period specified in the preceding paragraph to pay or refuse payment.

    Electronic commercial acceptance bill acceptor, bill payment request was received after the expiration, and the receipt of the request the next day 3rd day (holidays, large-value payment systems non-business day, electronic commercial draft system non-business day will be rescheduled) has not yet answered, access agencies should follow its electronic commercial draft, signed with the acceptor business services agreement, as follows:

    (A) acceptance people account balance in the day electronic commercial Bill system business as Shi enough paid fare of, is depending on with acceptance people agreed payment, access institutions should buckle designated acceptance people account funds paid fare, and in Xia day (met statutory vacation day, and large paid system non-business day, and electronic commercial Bill system non-business day extended) electronic commercial Bill system business began Shi, generation acceptance people made payment answer, and agent signed chapter;
(Ii) acceptance people account balance in the day electronic commercial Bill system business as Shi insufficient to paid fare of, is depending on with acceptance people refused to payment, access institutions should next a day (met statutory vacation day, and large paid system non-business day, and electronic commercial Bill system non-business day extended) electronic commercial Bill system business began Shi, generation acceptance people made refused answer, and agent signed chapter.

    61st access agencies should holder of payment requests in a timely manner notifies the electronic commercial acceptance bill acceptor.

    Notice prescribed by the access mechanism and the acceptor itself.

    62nd holder can choose the fare against payment to the acceptor or other means.

    63rd electronic commercial bills of exchange for payment, you must specify the following particulars:

    (A) the payment date;

    (B) prompt signature of the payer.

    Ticket holders can access authority signed an agreement to delegate access prompt payment agencies and proxy signatures.

    64th acceptance to pay or refuse payment, you must specify the following particulars:

    (A) the acceptor's name;

    (B) the date of payment or reject the payment date;

    (C) the acceptor's signature.

    Acceptor in refusing to pay, you should also indicate the reasons for refusing to pay.

    Eighth section of recourse

    65th divided into the refusal of the right of recourse and non-refusal of recourse-recourse.

    Refusal of the right of recourse is the electronic commerce Bill due after being refused to pay, prior payment of the holder request.

    Non-refusal of the right of recourse is one of the following circumstances exists, prior payment of the holder request behavior:

    (A) the acceptor is declared bankrupt according to law;

    (B) the acceptor was ordered to stop business for illegal activities.

    66th holder was denied before the maturity date, shall not refuse the right of recourse.

    Holder was denied during the payment period, all prior to the refusal of recourse.

    Ticket holders over the prompt payment of prompt payment is dishonoured, if the holder, in the payment period has issued a prompt payment, refusal of the right of recourse is available to all former hand; if not issued during the payment period for payment, only to the drawer, acceptor, refusal of the right of recourse.

    When the 67th recourse and recourse shall provide protested.

    When the refusal of the right of recourse, protested for ticket information and refuse to reason.

    When non-refusal of the right of recourse, protested for the notes information and relevant legal documents.

    68th holder for e-business maturity and were refusing to pay legal regulations or other reasons, to the debtors have right of recourse against the Statute are as follows:

    (A) bearer on drawer, acceptor and limitation of rights of recourse, from the date of maturity of 2 years and not less than the holder, on the other hand recourse and limitation of right of recourse.

    (B) the holder on the other hand recourse before aging, since denied 6 months from the date of payment; holders limitation on recourse to other prior rights, from the date of the redemption date or be sued for 3 months.

    69th recourse a notice holder, you must specify the following particulars:

    (A) the name of the recourse;

    (B) recourse is the name;

    (C) the notification date of recourse;

    (D) the type of recourse;

    (E) amount of recourse;

    (F) recourse one signature.

    70th electronic commercial draft settlement, you must specify the following particulars:

    (A) the name of the recourse;

    (B) the name of the settlement;

    (C) the agreed settlement amount;

    (Iv) liquidation date;

    (E) discharge people signed.

    The fourth chapter information

    71st Bill parties may access agency electronic commercial draft Bill of the queries associated with the information.

    72nd access agencies should record its electronic commercial draft system to send and receive electronic commercial draft bill information and provides this information to the customer.

    Bill information includes the face value and information.

    Coupon ticket information is that note delivery receipts when and other behavior occurs, all the information recorded on the Bill.

    Behavior refers to the Act must be recorded.

    73rd fide searchable electronic commercial draft coupon information. Acceptor in receiving prompt payment prior to the application can be found in electronic commercial draft coupon information.

    After receiving a payment request can be found in the paper all paper information.

    The payee and endorsee and before the guarantor can query their information and ticket information.

    Ticket holders can query all ticket information.

    In the recovery phase, being sued for one can query all ticket information.

    74th disagrees with the parties to a negotiable instrument information, through access to electronic commercial draft system operators submit a written application, electronic commercial draft system operator shall, within 10 working days according to query permissions related query operations.

    Electronic commercial 75th draft all bills, awaiting sign for the State of receivers to consult electronic commercial draft system the bill acceptor and initiator of electronic commercial draft payment credit information.

    76th electronic business electronic commercial draft system provides only a party to an instrument payable by credit information, credit assessment or rating does not.

    The fifth chapter legal liability

    77th electronic commercial draft law dispute, electronic commercial draft system operators have issued electronic commercial draft system-related recording obligations. 78th Acceptor electronic commercial bills of fare should be paid in full and on time.

    Acceptor intentional pressure, delaying payments, effect the holder, use of funds, as stipulated in the rules of the working capital loan of the same grade pay at a rate of compensation.

    79th electronic bank draft the drawer could not be in full on the maturity date when deposit tickets, acceptor, in addition to payment to the bearer of unconditional things, the drawer has not yet paid the sum transferred to the overdue loan processing, and five out of 10,000 per day charge penalty interest. 80th electronic commercial draft relevant parties to one of the following circumstances exists, electronic commercial draft business processing financial losses or other party concerned, should assume corresponding liability.

    People's Bank of China has the right to depending on the seriousness of the warning or fined a maximum of 30,000 Yuan:

    (A) as an electronic bank acceptance bills of Exchange acceptance of the financial companies, electronic commercial acceptance bill acceptor is a violation of the People's Republic of China Law of bills, bills management implementation measures and unreasonably refused or delayed payment as provided herein;

    (B) to provide customers with electronic access institutions commercial bills business services, examines the basic customer information is not of obligation;

    (C) provide electronic authentication services for electronic commercial draft operational activities of electronic certification service providers, is not in accordance with the People's Republic of China Law on electronic signature assume the corresponding responsibility;

    (D) to provide customers with electronic access institutions commercial bills business service, failing to carefully examine the customer authenticity of electronic signatures, resulting in financial losses;

    (E) electronic commercial draft system operators the access status is not authenticity and carefully review the authenticity of electronic signatures, resulting in financial losses;

    (Vi) access to agency electronic commercial draft settlement failed because the clearing funds, losses are caused to the party concerned;

    (VII) access by human or system reasons fail forward electronic commercial draft information in a timely manner, causes losses to the party concerned;

    (H) access to the in-house electronic commercial draft system storage information associated with electronic commercial draft system does not match the information seriously, causes losses to the party concerned;

    (IX) access to the institutions ' internal system fails, is not ruled out, resulting in a significant impact;

    (10) electronic commercial draft system operation operation of electronic commercial draft system to fail, is not ruled out, resulting in a significant impact;

    (11) electronic commercial draft debt prior to the termination, access Agency in violation of the rules for the acceptance withdrawn account;

    (12) other violations of the People's Republic of China Law of bills, bills management implementation measures and these measures. 81st electronic commercial draft party shall properly keep the electronic signature creation data to prevent leaks.

    Financial losses due to his negligence, liability shall bear the responsibility.

    82nd financial institutions found that use of electronic commercial draft in illegal and criminal activities, should fulfil their reporting obligations according to law.

    The sixth chapter supplementary articles

    83rd electronic commercial draft data message format and notes display style provides centrally by the people's Bank of China.

    84th matters not covered herein, in accordance with the People's Republic of China Law of bills, bills management measures for the implementation of such laws and regulations.

    85th article this way by the people's Bank of China is responsible for the interpretation and amendment. 86th these measures come into force on the date of promulgation.