A billproof and types of bills. A bills in the bill of exchange is partial cannot be

M.A. Borovitskaya Chapter from the educational and methodological manual "Banking services to enterprises"
on mothers site www.au.ru

Topic 8. Property bill and billing system

8.1. Characteristics and classification of bills

Bill - This is a kind of debt obligation, compiled in a strictly defined form and gives the undisputed right to pay the payment marked in the bill on the expiration of the period on which it is discharged.

Bill - This is a formal document, and the absence of any of the mandatory details makes it invalid; This is an unconditional monetary obligation, as the order to pay for it and making obligations to pay cannot be limited to any conditions; This is an abstract commitment, since no references are allowed to base it.

The subject of a bill liability can only be money.

Differences of bills from other debt obligations:

can be transmitted from hand to hand without gearing inscription;
responsibility on the bill for those involved in its turnover of persons is solidarial, with the exception of persons committing a non-law inscription;
with the non-payment of bills within the prescribed period, it is necessary to perform a notary protest;
the form of bills is accurately established by law, and other conditions are considered untidized;
it is an abstract monetary document and, by virtue of this, it is not secured by a deposit, a deposit, a penalty, etc.

The basis of a bill transaction is a commercial loan provided by enterprises to each other, bypassing the bank. Registration of such a loan bill has a number of advantages, for example, compared with the loan agreement.

Firstly, bill is mobile. According to the loan agreement, the organization issued a loan usually cannot require his return ahead of the term. The bill is also valuable, and if necessary, it is necessary to sell in the stock market or lay in the bank.

Secondly, A bill is an abstract debt obligation not related to the specific conditions of the transaction, so it is convenient to produce interpretation of debts between enterprises.

Thirdly, existing regulatory acts, enterprises are prescribed to reorganize overdue payables in the form of financial promissory bills. At the same time, the basis for the indisputable recovery of debt for the supply of goods and rendered services, as well as providing bank loans to pay for inventory and material values \u200b\u200bshould be only payment obligations with fixed terms of payment, including those decorated by commodity promissory notes.

Russia adheres to a "uniform bill of interest", adopted in 1930 in Geneva. All operations with promissory bills are regulated by the Federal Law "On the Transfer and Simple Week", adopted by the State Duma in 1997.

In some countries, mainly Anglo-American law, regulations other than the Geneva Agreement are operating. In addition, there are countries whose bill legislation does not correspond to a "uniform bill of exchange" or Anglo-American law.

A bill must be drawn up in writing or on a special notebook, or on a simple piece of paper with the mandatory observance of all details. The main forms of existing bills are reflected in Table 8.1.

A bill must be drawn up in any language, but it should be borne in mind that the Bank of Russia takes into account the bills of the resident enterprises, compiled only in Russian.

Table 8.1.

Basic forms of bills and their brief description

Form of bill	Basic characteristic
Commercial)	Issued as a result of a transaction loan transaction
Financial	Discharged when granting a loan in cash
Bank	Serves the role of a deposit certificate
Blankov	Buyer accepts an empty bill form, which is filled in subsequently by the seller
Friendly	Discharged for the purpose of subsequent accounting in the bank on behalf of a really existing enterprise
Bronze	Discharged for the purpose of subsequent accounting in the bank on behalf of non-existent enterprises
Prociable	Discharged to ensure a loan loan borrower

In financial practice, it is customary to distinguish between simple and translated bills.

Simple bill (solo bill)displays and subscribe to the debtor and contains its unconditional obligation to pay the lender a certain amount due to the term in a certain place.

Translation Bill (Tratta) Displays and sign the lender (tracer). It contains the order of the debtor (RUSSATU) to pay within the specified period marked in the bill of the sum of the third person (Remitent).

The transfer bill does not have the strength of the legal means of payment, but is only a representative of the real money, therefore it is decided that the debtor-row is obliged in writing to confirm his consent to make a bill on the appointed time, i.e. Complete traffic tracts. The acceptance takes place in the form of an inscription on the front side of the bill.

The acceptance acceptance may be common or limited. No other restrictive entries in the text of the Tratta are not allowed, because the acceptance must be simple and uncommon.

A partial (limited) acceptance is the written consent of the debtor to pay only part of the amount specified on Tratta.

A guarantee for traffic and simple bills is their cavalry (confirmation) by banks. Aval means a guarantee of payment on the bill from the bank, if the debtor did not fulfill the obligations on the bill. Aval is made on the front side of the bill.

A bill of exchange also serves as a revolving document. This means that the transmission of the bill to another person is carried out for nominal bills by gear inscription (indorsement). Such an inscription is placed on the revolving side of the bill and signed by the Indusant, i.e. Face made by gear inscription. The endorsement must be unconditional, therefore all restrictive conditions made to it are considered invalid. Through the transfer lettering, the endorsant transmits to another person in whose favor the inscription is made, all rights, requirements and risks on the bill.

Bills can be taken to account by banks . The essence of this operation is that the bill holder transfers (sells) a bill of exchange to an endorsement before the date of payment and receives a bill of exchange minus the percentage due to the bank. This percentage is called a discount percentage or discount. In turn, commercial banks can posture bills of enterprises in other credit institutions or in the Bank of Russia. Neither the bill themselves nor their transfer is currently not subject to the stamp fee. Instead of operations with translated bills, tax on operations with securities at a rate of 0.3% of the bill of exchange is taken. Operations with simple bills are not subject to this tax.

In addition to fissioning bills on species (simple and translational), there are other forms of their forms: commodity, financial, bank, blank, friendly, bronze, security, rectors - notes.

Commercial (or commercial) bills Used in the relationship between the buyer and the seller in real transactions with the delivery of products or services.

Financial bills They are based on a loan issued by the company at the expense of the available funds to another enterprise, according to the decree of the President of the Russian Federation No. 1662, bills are also attributed to the financial debt of enterprises.

Recently, in Russia they received widespread bank bills. They certify that the company introduced a deposit to the bank in the amount specified in the bill. The Bank undertakes to pay off such a bill when presenting it to the payment specified on it. At the same time, a certain interest income is accrued. In this case, the bill actually actually acts as a deposit certificate.

IN blanc bill The buyer accepts an empty waveform form, which will later be filled with the seller. This situation is possible when the final price of the goods was not established during the negotiations (or it may change as a result of delivery) and delivery time. Naturally, such a bill can only be discharged by the parties trusting each other, because the amount other than agreed with the payer contributes to it, the latter will still be forced to pay it.

Friendship bills They are issued by people who are definitely trusted to each other. At the same time, one person in order to help the enterprise, experiencing financial difficulties, accepts his bill in order for the latter or paying to his debtors, or he has taken into account him in the bank. It is assumed that the bill discovered the bill in the future is drawn to the means to repay it.

Bronze bill - This is a bill not having real support, written on a fictional face. Bronze bills can be discharged for real firms. At the same time, two firms exchange bills and take into account them in different banks. Before the maturity date of the first bills, they re-write out bills at each other and with the help of their accounting are trying to repay the old loan.

Protection bill Disposable to ensure a loan of an unreliable borrower. It is stored on a deposited borrower's account and is not intended for further turnover. If the payment is committed on time, then the bill is repaid, if not, the debtor claims claims.

Rekt - Veksel, or Name Bill, you can not indictment.

Three sides are involved in operations with a transfer bills: trassant (lender), Route (debtor) and recipient of payment (Remittor). The most typical scheme for using this bill, when the enterprise and the first supplier take a loan to the bank under its production activities and pay it through payments to the bank from their buyers, i.e. The transfer bill repays two credits: the track of the trassant and the trassant Remitent. This scheme allows the bank to control the target use of the loan.

In a translated spectrary, the tracks after acceptance has a direct obligation to Repertent. The tracer is also conditional responsibility. He undertakes to pay a bill, if the route did not accept the bill and if they accept, but did not pay or even refused to pay. Naturally, for the occurrence of obligations under the transferable bill, Remitent must present it to the acceptance and payment, since the failure to comply with these conditions can be attributed to its error.

The promissory bill must contain the following details:

the name "bill" included in the text of the document;

simple and no reason for the proposal to pay a certain amount of money;

name and address of the debtor (highway);

specifying the term of payment;

specifying payment places;

the name of the payment recipient (Remitector), to which or by order of which should be made;

specifying the dates and places of drawing up bill;

signature of the credentials (trassant).

The document without any of these details does not have the strength of the promissory bill.

Bill labels. To distinguish a bill of documents related to him, you must first indicate it by the word "bill." In foreign languages, this word is written as follows: "Bill of Exchange" "(eng.);" Lettre de Chage "(Franz.);" Letra de Cambio "(IS.);" Wechsel "(it.). But one This word is not enough, since any other document in this case can be given the form of a bill. In the text itself there must be words: "Pay on this bill in favor ..." or "pay against this transfer bill on the orders ...".

Bill Sales It is formed in accordance with the form of the notion of the bill, for the willssel holder completely indifferent, which transaction was at the core of the relationship between the seller and the buyer. A bill of exchange cannot be accompanied by any references to the obligations on the transaction. If they exist, the document loses the strength of the bill. A bill of exchange must be accurately indicated in the text of the bill in words or numbers. In case of differences between the amounts specified by the numbers and inapplication, the amount specified in words is considered correct. If there are several amounts in the bill, it is considered to be discharged to a smaller one. In a translated bill that is subject to payment upon presentation or at a time of presentation, interest may be accrued for a bill. For bills with a fixed date of payment, this condition is considered untidized.

Interest rate It must be specified in the bill, otherwise it is also considered unpastened. Interest is calculated from the date of the preparation of the promissory bill, unless another date is specified. In promssels with other payments, interest may be included directly in the bill. When the bill transfers from one owner to another crushing of the bill of interest is not allowed.

Name and address of the payerusually indicated to the left at the bottom of the bill. Payer may be a legal or individual.

Payment timingdistinguish the following:

but) upon presentation. The payment must be made upon presentation of the bill, which is stipulated by the phrase: "Pay upon presentation". In the bill of exchange, the maximum and minimum posts of presentation, for example, "upon presentation, but no later than July 20, 1997" may be specified. If this is not specified, it can be submitted to pay only during the year from the date of exposure. In case of delay, the owner of the bill loses the right to require payment. The time of presentation of the bill can be reduced by its indressory recipients. The billboard can also establish that the bill can be charged to a payment not previously defined date. In this case, the period for presentation is counting from this date;

b) at some time from the presentation (bill "A VISO"). The entry in the text of the bill in this case has the form: "Pay through (number of days) after presentation." The date of presentation is the date of the payer's mark on the bill of agreement on the payment (actual passage acceptance) or the protest date about this. Unless otherwise specified in the bill, then it should not exceed one year, ie, it should not exceed one year, i.e. The presentation of it should take into account that the date of payment should be on the annual segment from the date of compilation. For example, a bill with payment in two months from the date of submission, compiled on September 1, 1997, must be submitted for payment no later than July 1, 1998;

in) at some time from the compilation (Bill A DATO). The countdown starts from the next day after the drawing date of the bill. The period of payment is considered to have stepped on the last day specified in the bill, and not the next after it. If the payment period is determined by months from the date of compilation, then it comes in the number of the last month, which corresponds to the number of writing bills, and if there is no such number, then in the last number of this month. If the payment period is scheduled to the beginning, the middle, the end of the month, then the first, fifteenth and last number of month is meant. The phrases corresponding to the payment condition in so many time from the compilation, have the form: "Pay bill in 3 months" or "a period of 2 months from the date of exhibition";

g. ) For a specific day. In this case, the bill indicates a specific date of payment, for example: "I undertake to pay on September 15, 1997";

e) payment period falls on non-working day. Payment by such a bill may be required on the first business day. If a bill of payment is not specified in the bill, it is considered according to the "Regulations on a simple and translated bill of the bill on the bearer. However, according to the recommendations of the Central Bank of the Russian Federation, such a bill is considered invalid. The payment period must be united. It is forbidden to exhibit bills with payment in sequential time, i.e., for example, with payment of 30,000 rubles on June 1, 1994 and 50,000 rubles on August 1, 1994. The payment period cannot be due to any conditions for the type of fulfillment of obligations Treaty, sales of goods, etc.

Placement place. The place of payment should be indicated on the bill. This is an important props of the transfer bill, as it is not a debtor on it with a payment to the lender, and the lender itself is for the payment to the debtor. Unless otherwise specified, the place of payment is usually considered to be the place of payment. In addition, a bank can be specified in the bill where the payment must be made. In the absence of an indication of the place of payment, the location of the payer is considered. The bill is invalid if there are several places of payment on it. In the absence of instructions in the bill and place of payment, and the location of the payer, the bill is also considered invalid.

Name of the recipient of payment. Usually it is written on the bill: "Pay ... Order (Repair Name)." This indicates a specific person. If the payment is made by the person, which issued a transfer bill, i.e. Warely holder, then it is written on it: "Pay in my favor" or "pay on our orders". Bearer bills are not allowed.

Specifying the dates and places of drawing up bill. Place finding a drawer and the place of drawing up bill may not coincide. If the place of drawing up is not specified, the location of the trassant is considered to them. If this in the bill is not, it is considered invalid. The compilation site cannot be non-specific geographical locations, for example, the "Chelyabinsk region" or similar. If the bill is intentionally indicated not that place where he actually was drawn up, and another, he does not lose weight. An indication of the time of drawing up bill is necessary in order to determine in the event of a dispute, whether the receipt was at the time of issuing a bill of interest, or could there be bill obligations at all. The date of drawing up plays an important role in bills of payments "in so many time from the compilation", "upon presentation", "at a solar time from presentation." A bills with unreal dates are considered invalid.

Signature of the credentials. Before the signature of the route, its full name and location are indicated. These data can be made by a typographical way or using a stamp. The signature of the trassant is made by handwritten. Without it, the bill is considered invalid. If the bill is exhibited by the company, then it is subscribing to two persons visiting monetary documents, or other persons by proxy. The tracer, putting a signature on the bill, takes responsibility for receiving bills to pay and for his payment. However, he may be responsible for the acceptance, making a note "without obligations" or "without warranty". Responsibility of payment in case of non-payment of the bill of exchange by the debtor, he cannot with itself. If there is a signature of fake or non-existent persons in the transfer bill, then the signatures of others remain valid and such a bill is not considered automatically invalid. Appointment by the payer on the bill of any third party (for example, the bank) is called the domiliation. The external sign of such bills is the inscription: "Payment in ... Bank" under the signature of the payer. The bank pays bills, only if the payer introduced a bill to the bank or if the client's account, which issued an instruction to pay bills, there is a sufficient amount. Otherwise, the Bank refuses the payment and the bill is protesting. Banks for paying bills of third-party payers usually take a small commission, with their customers the fee is not charged.

Simple bill. Only two faces participate in simple bills, and he discharges and signs the debtor, undertaking to return a certain amount within a certain period of time. Mandatory details of simple bill include: the name "bill" included in the text of the document and written in the language on which this document is drawn up; A simple and no reason for the obligation to pay a certain amount; specifying the term of payment; specifying payment places; the name of the payee, which or by the order of which it should be perfect; specifying the dates and places of drawing up bill; Signature of the credentials. Since a simple bill is discharged by the debtor, then there is no need to accept it, and the billiardman is responsible in the same way as the acceptance of the bill. Otherwise, the norms of spectat on the endors, deadlines and the order of payments, lawsuits, mediation, copies are fully applicable to the simple bill. In particular, a simple bill, the payment period for which is not specified, is considered to be paid upon presentation.

Endorsement. The essence of the endorsement is that on the back of the bill or at an additional sheet (Алльльже), a transfer inscription is made, through which another person, together with the bill of receipt, is transferred to the right to receive payment. The person transmitting an empowerment bill is called an indorse station, and received by the Industo. The transmission action of the bill is called indexing or endorsement.

The endorsement may be made in favor of any person, including even in favor of the payer or a drawer. It must be simple and no condition. Partial endorsement, i.e. The transfer of only parts of the amount of the bill is not allowed.

The endorsant is responsible for acceptance and payment. He can take off responsibility by the inscription "without turnover on me", although such an inscription will undoubtedly reduce interest in such a bill at the subsequent acquirers. The endressant may prohibit the new endorsement by the reservation "by order" or "pay only ...". The transfer inscription must be personally signed by the indorse station, its remaining elements can be reproduced by mechanical path. Started indors are considered untidated.

Endorsiments are the following species :

but) blancannaya indors. It is not specified in this transfer inscription, by order of which person it is necessary to make a payment, but it signed by the Indusant. Such a bill is considered to be displayed on the bearer, and it can be conveyed to another person by simply presentation. The forms of the formation can be turned into a complete, making an inscription, by order of which person should make a payment. The force of the forms of the Blanco Indusation has an indorsement for a bearer, usually expressed by the words "Pay the bearer of this bill ...";

b) nominal (full) indorsement. In this case, in the transfer lettering indicates the name or name of the indors. Upon receipt of the bill at the full endorsement, it is necessary to check the continuity of the transfer inscriptions;

in) precurative (collection) Endorsimation. Such a transfer inscription is made by the holder of the bill when transferring this document to the Bank with a request to receive on it. It includes the inscription: "Currency to getting", "on collection", "trust get", etc. The recipient of the bill of exchange in the presentation is not becoming his owner.

If the bill is transferred to the deposit, the transfer inscription contains the reservation "currency in a deposit", "currency in provision" or similar. A bill holder such a bill can exercise all rights arising from the transfer bill, but it can only transmit it on the recipient endorsement.

The endressing perfect after the payment period has the same consequences as the previous endorsement.

The indorsement should be distinguished from the cessia, the transfer inscription in the nominal documents (deposit and savings certificates are transferred using a cession).

Differences between indressory and zesses :

a) As a result of the endorsement of the endorsement, the endorsant assumes responsibility to every subsequent random holder (if a special reservation is not included in the text of the transfer inscription). Under Cessia, the inferior rights is responsible only for their reality, but not for feasibility;

b) Cessia is a bilateral agreement between secondary and acquiring rights. The indorsement represents a one-way transaction committed by inferior to their rights on the bill;

c) bill legislation allows for a blank or presenter endorsement. Cessia can only be named;

d) The Endossement implies the complete and unconditional transfer of the rights to the bill. When cessia, the transfer of rights may be under the condition or partially;

e) The endorsement should be performed on the blank bill or an additional sheet. Cessia can be framed both on the document itself and a separate contract.

With the help of a cessia, bills are transmitted after protest about the default or after the expiration set for protest.

Acceptance promissory bill. The debtor on the transfer bill must agree to pay traffic through its acceptance. The acceptance is noted in the left side of the front side of the bill of exchange and is expressed by the words: "Acceptance", "adopted", "I will pay" or similar in meaning, with the obligatory stationing of the payer's signature. Simple payer signature indicates an acceptance bill.

The presentation of bills to the acceptance can be produced at all times, starting from the date of its issuance and ending with the moment of payment. A bill can be brought to the acceptance and acceptance, even after the date of payment, and the debtor responds to him just as if he accepted the bill until the term.

The route has the right to demand the presentation of the bill of exchange secondly every other day after the first presentation. If after this period does not follow acceptance, then the bill is considered intact. The debtor is not entitled to demand the absentee bill for acceptance.

The route can be notified of the upcoming bill of exchange to the acceptance of the special letter of the tracetta, called a notification letter or Avizo. Usually, it indicates the details of the issued bill: a place and time of issuing, a bill amount, the term, the name of the first acquirer, the place of payment, as well as the issues of calculations of the trace and the track.

The route can specify a specific period for billing to accept acceptance, for example, not before a certain period. Translated bills with payment on a certain day from presentation should be presented to the acceptance during the year from the date of their issuance. In this case, the acceptance must be dated.

The acceptance should be simple and unlocked, but he can be partial (the debtor agrees to pay only part of the amount). There may be such a situation when the debtor put the acceptance, and then before the return of the bill, he stressed him. In this case, it is believed that the acceptance was denied.

The acceptance plays in transactions the role of a certain guarantee against the presentation of unlawful requirements for the fulfillment of traffic conditions. If the debtor believes that the obligation on the bill does not follow from his relationship with the lender, he may not accept it.

On the other hand, the supplier, sending goods to the recipient, together with the goods-shipping documents reports to the bank and Tratta. The buyer of goods will not receive documents, and consequently, the goods itself until the bill accepts.

Acceptance of Tratta can make a bank. Such an acceptance is called banking and applied mainly for early accounting of bills. Bank acceptance is obligatory only when calculating with installment payment in the form of a documentary letter of credit.

If the bill is put up for solid firms, in the solvency of which they do not doubt, then, as a rule, the bill holder does not resort to the acceptance.

Aval -ettocel guarantee. Instead of bank acceptance more conveniently, the cavalry (confirmation) of bills of banks. Aval acts as a bill guarantee for which the bill of interest is applied.

This guarantee means a guarantee of a full or partial payment by Tratta, if the debtor did not fulfill its obligations on time. Aval is given on the front side of the bill and is expressed by the words: "count for Aval" or another similar phrase and signed by the Avalist. Aval is given for any person responsible on the bill will be the bill, so the Avalist should indicate who he gives sure. In the absence of such an instruction, Aval is considered issued for the drawer, i.e. Not for the debtor, but for the lender. The Avalist and the face for which he is entrusted to carry solidarity. Paying bills, the Avalist acquires the right of the reverse claim for whom he issued guarantee, as well as to those who owe to this person.

Multiplicity of copies of the bill and its copies. In practice, translated bills are discharged in several identical instances. These instances should be equipped with serial numbers included in the document text itself, otherwise each instance is considered as a separate bill. The first copy of the bill of exchange is metholova as a prima-bill, the second - as a second bill, etc. At the same time, the main difference between copies of bills, for example, copies, is that the signatures on each of them should be genuine. All copies make up a single bill, but each of them can contact separately from each other. The multiplicity of bills is necessary in order to send one copy for acceptance, and the other immediately put into circulation. The payer must accept only one copy of the bill of exchange, otherwise he will have to pay all instances. After acceptance, he is obliged to transfer his copy to the holder of the second copy of the spectat, so when the endorsement on the second copies, it is indicated where the first is located. The first copy is made to the payment, an accepted payer, and its payment reaches all other instances.

If the terms of the bills imply an acceptance of the payer of all instances, then the reservation is used about such text: "Pay against the second instance (the first is not charged)."

Similarly, copies from the bill will be removed. A copy should exactly reproduce the original from the endorsement with all other marks that are located on it. The authentication of signatures on copies is not required, and they are not numbered. A copy can be industed and coiled, but it should be indicated where the first instance is located. The owner of the first instance should hand it with a copies holder, because only the first acceptance instance of the bill is made to pay.

The payment procedure on the bill. When calculating the maturity, the day is not taken into account in which it is discharged, and if the date of payment falls on a non-working day, then the bill is paid on the next business day.

The bills are made to pay, unless otherwise specified, at the site of the payer. At the same time, it can be brought to pay on the day of payment or during the working time of the two subsequent days.

The payment on the bill must follow immediately for presentation. The delay of payment is possible only in case of irresistible circumstances, the presence of which must be confirmed by the competent authority.

Payment of bill may be made in cash or non-cash. At the same time, the payer may demand to return to him by Tratta with the receipt of payment. The debtor can pay only part of its obligations, and the bearer of the bill must accept this amount. In this case, the bill is made on the payments and the remaining amount, and the bill of exchange can protest in the debtor.

The presentation of the bill to the deadline does not oblige the debtor to pay him, although it may provide for such a payment. On the other hand, the bill holder cannot be forced to accept the payment before the expiration of the bill of exchange, but if he did not appear on time, the debtor can accommodate the amount of payment at his deposit account in the competent authority. Prolongation, i.e. The extension of the payment period is not allowed, and if the parties still agreed on this, then it is necessary to put a new bill on the previous conditions for a new term.

A bill can be used in the calculations between counterparties located in different countries and using different currencies. The monetary amount of obligations cannot be expressed on a bill in two or more currencies. If, according to the terms of the contract, the payment is carried out in different currencies, then each of them is made up a separate bill.

As a rule, a bill is discharged in the currency of the country where the payment must be made. But the exchange currency on the bill may not coincide with the currency in which he is discharged. In this case, you need to specify the currency recalculation rate. If there is no such instruction, then for the course they take the official currency ratio, operating in place and on the day of payment. The reserve can apply the "effective payment" reservation, i.e. Payment in the currency of the third country.

A bill may not be accepted for payment or acceptance in the following cases:
a) if at the specified address it is impossible to find the payer;
b) the death of the payer (for an individual);
c) the insolvency of the payer;
d) if the bill indicates "not acceptance", "not accepted", etc.;
e) If the acceptance record is crushed.

Protest on the bill. IKKS in default or refusals in acceptance bills are considered by judicial authorities, only if they were properly protested. The right of a bill protest appears when an officially certified payment of payment, acceptance, dating was committed, but they were not received. To protest a promissory holder or his authorized person must make a bill in a notarial office at the location of the payer or bank (domicile bill).

When protest, in the default, the bill must be presented in a notarial office no later than 12 hours after the date of payment of the day, and in non-acceptance - during the period of presentation to the acceptance. If this period is expired, the checklist loses its rights against persons participating in the movement of the bill, with the exception of the acceptant.

The notarial office should protest the debtor within two working days after the payment of the bill. If the bill is noticeable on non-acceptance, then the protest on non-payment and the presentation to the payment is no longer required. The notary office draws a protest in the prescribed form, makes entry in the registry and the mark on the bill itself. At the same time, the state duty is charged in the amount of 5% of the unpaid amount of the bill of exchange law of the Russian Federation "On State Duty").

In the case of the official announcement of the payer, bankrupt can be referred to a lawsuit in court without notarial protesting of the bill.

The timing of the transfer bill to the payment and the protest can be increased during the circumstances of the force majeure of force that do not have a personally owner holder. For four working days after the protest, the bill holder must notify his industors and a credentials about it. Each subsequent endressant for two working days following the day of receipt of the notice, reports to his predecessor and at the same time Avalist that he is entrusted to this indorse station. Non-shooting notification does not deprive the bill rights of the bill holder.

The claim may be presented before the payment period for the following reasons:
a) there was a partial or complete failure in acceptance;
b) in the event of the insolvency of the payer, regardless of whether he accelerates bill or not; In case of termination of payments to them, even if this circumstance was not established by the court; In case of unsuccessful appeal of recovery on its property.

If the protest is committed in a timely manner, then the following consequences take place:

In the "Regulations on a simple and transfer bill" indicated a penalty in the amount of 3%, and on the recommendations of the Central Bank of the Russian Federation, it is taken on an annualized basis.

Vexselger, an endorsant or acilist can include a reservation with the reservation "turnover without costs", "without protest" or similar. This reservation exempts the random holder from the commission for the implementation of its protest regression in Nesakcept or in the default (i.e., the bill holder can immediately appeal to the court without protesting the bill in the notary office and pay 5% of the duty from the amount of the bill). However, it does not free it from the presentation of the bill on time, nor from sending notifications. If the reservation is included with the receiving agent, it has the force only with respect to it, and if despite the reservation included the bill of exchange, the holder of the bill will protest, then the cost of protest is lying on it.

Upon presentation of the claim before the date of payment, the accounting percentage is held from the bill of exchange, calculated at the official banking rate at the location of the bill holder for the day of the claim. If the random holder satisfied his claim to one of the indorsants, then the latter may, in turn, also present a lawsuit, but only to previous indors, as the admirers cease to be responsible for this bill.

At the same time, it includes in addition to the amount paid, in addition to the amount paid and incurred costs. Waiter holder has the right to appeal to the court for a protested bill during the term of bill limitation. The claim to the acceptant may be presented for 3 years, to bills and by transferred and on a simple bill, as well as to the indors - within 1 year; Claims between the indors are presented within 6 months.

Mediation in the system of billproof. There may be an intermediator (legal or individual) between the Weeksel holder and the debtor on the billword (legal or an individual). The mediator can accept or pay bill for any of the estimated spending. They may have any face, even a payer, but not an acceptant.

The mediator accepts a bill when the bill holder has the right of early demand on the bill, i.e. When there was a partial or complete failure in the acceptance (for this reason, the acuptant cannot be intermediary); In the event of the insolvency of the payer; termination of payments; Inconsultage of recovery on his property. A bill holder cannot submit claims to debtors on the bill in the case of its non-acceptance or non-payment until he turned to the intermediary. The suit to the debtors on the bill is made in the event that the mediator refused to fulfill the actions and this refusal was appealed.

The mediator, accepting bill, puts his signature on it with the name of the one who did it. If there is no such indication, then the acceptance is considered to be made for the drawer.

Payment in the order of mediation can occur in all cases when when the period of payment occurs either before the payment period of payment has the right to regress, i.e. The debtor did not fulfill his obligations. Intermediary, paying bill, must cover the entire amount. The deadline for payment is determined by the next day after the last day provided for protest in the default. The last day of payment is the last day of the protesting of the bill in the case of its non-payment by an intermediary. If this term is overdue, then the checklist loses its rights on the bill.

When making a payment on the bill, the mediator puts a mark on it with an indication of whom he did it (in the absence of a mark, the payment is considered to be made for the billboard), and takes the bill. He has the right to demand the paid amount by whom he made a payment, or obliged to be a person on the bill of employment, but cannot transfer it to the endorsement.

The indorsants following the person, instead of which the payment was made, are exempt from responsibility, and if several proposals have been received about the payment by intermediaries of the bill, then preference is given to the one who frees more people from responsibility.

8.2. Main types of operations with notes

In the commercial turnover, the bill can act as a means of calculating transactions, to serve as a way of commercial lending to entrepreneurs, be a specific way to ensure the fulfillment of obligations for transactions.

Credit operations in the bank Start with the receipt of a bill loan. This loan can be obtained in the form of accounting of bills and in the form of a special loan account secured bills. At the same time, it is divided into one-time and permanent loans.

Loans for accounting bills may be presenters or credentials. Bearer Credit Opens the client to take into account the bank transferred to them. Under the credential credit, the Client issues his bills, which is calculated for the goods and services. Recipients of such bills then represent them into their banks, which in turn forward them to the bank of the ladder for repayment through an open loan.

Bill loans Usually issued by banks to clients, in which settlement (current) accounts are open in these banks. When considering the possibility of opening a bill loan, the Bank estimates the customer's solvency. To do this, its financial documents are provided, a description of its main and current funds, information on the presence in the past of overdue debt, production and economic plans, insurance policies, if there are, the company's charter. The bank may use data on the enterprise of other banks and special firms. If an enterprise previously allowed his notes to protest, then it will be problematic to get such a loan.

A bill of exchange and presenters and in bill loans are taken to account only in the amount of the free balance of the loan.

Accounting procedure bills. Under the bill of exchange means his transfer (selling) with a bill holder to the Indusation Bank before the payment of the payment and receiving a bill for it minus a certain percentage called a discount percentage or discount. A bills are transferred to the bank in registries. At the same time, the Blank Industion is made in the bill of exchanges, i.e. Indusation without specifying the recipient. The Bank is considering the possibility of accounting for the bill and in the case of a positive decision contributes to the indorsement its details. In addition, on the front side is a stamp "Accounting". Upon receipt of the bill of exchange, the Bank checks it for compliance with the formal requirements of bill rights, checks the correctness of the filling of all details, the powers of those who have given signatures, as well as the authenticity of these signatures. In addition, the economic situation of the client and the indors who have given signatures on the bill are analyzed. Only bills based on commodity and commercial transactions are accepted for accounting. Bronze and friendly bills are not accepted for accounting. For accounting of the bill of exchange, the Bank charges a discount interest, the rate of which is established by the Bank himself. When the invoice of nonresident bills are charged porto (postal costs) and dampe (Commissions from non-resident banks for the invoice of bills).

In the case of payment of the bill to date, the payer returns interest for the remaining time at the bank's bet on current accounts. If the payment is completed after the payment time, the bank besides the bill of exchange charges with a payer of 6% per annum during the delay, penalties, as well as the cost of protest, if they have already been made. Not paid on the appointed period of bills must be transferred to the protest notary necessarily the next day. Notary protests bills according to the adopted legislation and with the inscription about the protest returns them to the bank. After that, the Bank requires repayment of bills from the drawer. If this does not happen, the bank completely stops his lending and turns to court.

Onchool loans. Banks can open special loan accounts to enterprises, to ensure that promissory bills are accepted. Usually the nominal amount of bills exceeds the value of the open loan. These loans are open without establishing the deadline or before the maturity of bills. These loans are drawn up as demand loans or, as they are called, on-school loans. They pay interest, similar to loan rates, but for the bank, such loans are more beneficial, since in the event of a loan deference, it can close it with the amounts in paying bills. In the contract for the opening of the oncoon loan between the client and the bank stipulate the following conditions:

loan size;
the highest limit of the relationship between the provision and debt on the account;
credit rate;
bank's right to demand additional support;
the Bank's right to repay the Customer's debt if necessary from funds coming in paying bills providing loans, as well as from other amounts of the Client in the Bank;
client's right to replace providing bills.

When using a loan, the bank monitors its free residue. The repayment of the loan can be carried out either by transferring the customer's funds, or by credit payments coming on bills. The holder of the bill for receiving the payment on it should not miss the period of presentation of the bill, send it or personally to come to the place of payment. The costs associated with these operations may amount to significant amounts. Usually holders of bills entrust the banks to carry out the operation to present these bills to pay, receiving the payment, and if necessary, protests on the bill. The bank, taking such an order, makes the operation of the circuit of bills, visible for it a certain commission in the form of interest on the amount of payment and postal expenses. For the client, it is usually cheaper and faster than to deal with bills. Banks are accepted to collect bills with payment in those places where there are bank institutions. Such bills are transmitted to the bank along the paresinging indorse. The client must also compensate the bank the costs of protesting bills in case of need.

Will exchange bills banks. A commercial bank, given the bill of exchange, can retention it in another credit institution. However, the world's most common is the practice of overcame of bills in the central bank of the country. In Russia, the Central Bank credits commercial banks or on their requests (at the refinancing rate), or through credit auctions. But the more civilized path of the distribution of credit funds is override bills accumulated by banks. The Bank of Russia has developed requirements for bills adopted by him to overcoming. First of all, the Bank of Russia adopts only simple provider enterprises notes issued on the commercial bank, i.e. A bills of bills are reappeared only when the enterprise-supplier (and not the buyer) takes a bank loan and draws its debt of the bill.

A bill reappeared by the Bank of Russia, in addition, must meet the following requirements:
a) the enterprise supplier must be a resident;
b) the random not less than 100 million rubles;
c) the bill must be drawn up in Russian and all inscriptions and money amount should also be listed in Russian;
d) Payment period on the bill must be specified for a specific day. Are not accepted for the exchange of bills with a term "upon presentation", "in so many time from the presentation", "in so many time from the compilation";
e) bill should not contain a condition of interest accrual for a bill;
(e) A commercial bank must be specified as a place of payment;
G) on the bill of exchange must be made a mark of the notice agent "Without protest". Any restrictive marks are not allowed;
h) bill must be genuine. Copies are not accepted;
and) the bill must be compiled according to a single form established by the Bank of Russia.

In fact, these bills can be issued by enterprises-suppliers under loans to replenish working capital, i.e. Credits that give the opportunity to the enterprise to work until money from buyers do. Therefore, these bills must be covered by the real delivery of goods. In addition, enterprises that have written bills should not have overdue debts on loans for commercial banks, calculations with suppliers, budget. Commercial Bank, together with the application for the exchange of bills, submits to the Bank of Russia the balance sheets of enterprises and reports on financial results. Himself will annudit the Central Bank of the Russian Federation carries out the purchase of bills from commercial banks with the reverse redemption condition. The period for which bills will be bought out, can not be less than 10 days and more than 90 days before the date of payment. Purchase is made by enrollment to the correspondent account of the commercial bank of the amount equal to the raid bill, minus discount established by the Bank of Russia.

Bill loan only commercial banks are provided satisfying the following conditions:

the economic standards required by the legislation are complied;

timely and in full reserve requirements are fulfilled;

there is an audit conclusion on the annual report;

overdue debt on loans of the Bank of Russia is not allowed.

Reverse redemption of bills of commercial banks and, accordingly, the repayment of a bill loan occurs by writing off its amount from the Bank's correspondent account. If the account does not have enough amount, the loan is translated into the category of overdue and is charged as percentage of 1.3 accounting rates of the Bank of Russia.

Implementation bills. In the bill form of the calculations, in addition to the bank of the exchangers, the payer as a domicile, i.e. To fulfill the instructions of your payer client in the timely payment of the bill on the bill. The outer sign of the domicile exchange is the words "payment in the bank" marked in it, placed under the signature of the payer. For the bank, this operation is profitable, as it receives a commission for the dominance of bills, and at the same time, acting as a domicile, the bank does not bear any responsibility if the payment does not take place. The client payer itself is obliged by the date of payment on the bill either to ensure the receipt of the necessary funds to its account to the bank, or in advance to boot the amount of payment on a separate account. Otherwise, the Bank refuses the payment and the bill is protested as usual against the bill.

The expansion of the use of a bill of exchange in the economic trafficking of the country should also contribute to such new bills of exchange operations such as accounting of bills and issuance of loans secured by bills associated with short-term household lending.

In modern Russian banking practice there was a new type of bills - banking, or financial bill. Bank (Financial) bill It is a one-sided, no obligation of the Bank (issuer of the bill) of payment of the person marked in it or by his order of a certain amount of money within the prescribed period. The current Russian bill legislation does not provide for cases of issuing bills of banks of any special rules or exceptions, and the legislation on securities of this issue does not affect. The legal regime of bank bills coincides with the general regime for bills of all other issuers and is regulated by the Federal Law "On Simple and Transfer Waiting" of February 21, 1997, this predetermines two main quality issues and appeal to a specific banking bill: the possibility of issuing both single specimens and Series and the possibility of self-establishment by banks that are not contrary to the law of the rules for the issue and turnover of their own bills.

Bank notes can purchase legal entities and individuals primarily in order to extract income. The income is defined as the difference between the price of repayment equal to the nominal bill, and the price of the acquisition, which is lower than the nominal. Specified difference (discount) Essentially presents income calculated on the basis of the current deposit rate of the banking interest. This speaks about the deposit nature of a bank bill of exchange and makes it look like a deposit certificate. However, in contrast to the last bank bill can be used by its owner not only as a means of accumulation, but also as a purchasing and payment agent. The holder of the bill can pay them for goods and services, passing the bill on the endorsement to the new Waiter holder, to which, according to the law, all rights on the bill will be transmitted. The banking bill of exchange will, as a rule, provides a free transition of rights on the bill between legal entities and individuals. An indorsement in which individuals participate is certified by state notary or bank. Thus, having the legal force of the Bank's urgent obligations with all the rights arising from this, the bank bill becomes a flexible tool for making a payment, service part of the payment turnover of the economy.

Commercial banks practice the release of their own bills with various purposes: to attract funds, to provide cheap loans to enterprises, etc. A very widespread of bank bills can be explained by the following reasons: today there is no fairly complete legislative and regulatory regulation of such operations, the release of bills is not registered in the Central Bank, operations with simple bills (which prevail) are not subject to tax on operations with securities, the bill is sufficient easy to handle. In this regard, it can be stated that in the current market of modern Russia, bank bills prevail.

Initially, notes began to be used by commercial banks in order to attract funds.

Release of discount (discounted) or percentage, notes It is carried out on the basis of the provision "On the release, circulation and repayment of the bank bill." These documents should not contradict the Regulation "On the Transfer and Simple Week" (1937). These documents stipulate the conditions on which the Bank's client can purchase a bill of exchange, present it to pay, etc. However, it is necessary to pay attention to the fact that the content of the conditions does not contradict the text of the bill, since what is not written in the bill has no legal force. So, for example, it is unacceptable to establish a condition for early redemption of bills at a reduced interest rate, i.e. Betting, lower than marked in the percentage clause of the promissory. In the case of providing the client, the ability to make a bill before the period of payment on it is obliged to charge interest on the bill of exchange at the specified rate for the actual appeal of the bill of exchange, but only then it is entitled to keep a certain discount for early repayment of the bill. Also, when developing conditions, it is necessary to take into account that a bill can be transferred to an endorsement to another holder, which will not be familiar with this document, and unwanted conflicts may arise with a further interaction with the bank. A number of banks concludes with the first acquirer of the bill on the purchase and sale of bill. Such an agreement, especially when selling a discount promissory note, may be useful as a primary document confirming what amount is purchased bill, for example, when calculating income tax. Note that the text of the contract also should not contradict the content of the bill and the conditions of the bank.

Interest bills Sold By the first holder at par, and the income of the holder will be interest accrued on the bill. At the same time, a reservation of interest accrued will be valid only in bills with a period of payment "upon presentation" or "in so many time from presentation", the limitance marks of the type "upon presentation, not earlier ..." are also allowed. The interest is charged from the date of drawing up the bill, unless the other date is indicated, and until the day of the actual presentation of the bill of charge. For the holder of the bill of exchange, it is more profitable to leave it before the date of payment, but it can be sold at a higher price (including interest) or transfer to payment for any product. If the bill will be sold further at a price higher than the denomination, then the income received by the first owner will be considered as the difference in the purchase price and selling prices, that is, bill, and accordingly will be taxed by the tax on the overall profit tax rate. Only the last holder when paying the bill of exchange by the debtor will receive interest income by valuable paper. This type of income is taxed at a preferential rate (15% for non-banks, 18% for banks), tax is held at the source, the Bank lists the tax into the tax authority at the place of its location.

In contrast to the description of the percentage exchange scheme, the discount (or discounted) bill is sold to the first holder at a price below the nominal. The income of the discount notes holder will be the difference in the purchase price and selling price of the bill of exchange, which in all cases is taxed by the total income tax rate. The tax is calculated by the discount with a legal entity independently and is paid in general.

To improve the quality of the bill (increasing its liquidity), the company can contact the bank serving its request to provide him with the guarantee of payment on the bill, i.e. On the conquering of this bill of exchange commercial bank. When a foreign bill of exchange, the Bank concludes with a person for which Aval, a contract or an agreement on the posance of bill of exchange is given (or bills, if operations are carried out often). In such a contract, you can also specify a number of conditions, such as: the amount of bills and Aval, the period of payment of bills that are acted, the value of remuneration, which the client pays the bank for such services, etc. A very important point is to establish the procedure for notifying the bank that the client paid bills and the bank will not be required to the bank. When not using the warranty, the Bank's client in writing should notify the bank that the bill is redeemed. The Bank also has the right to demand a copy of the paid bill with a mark on receiving the payment from creditors.

Acceptance Commercial Bank of the Client Vecla - Operation, also widespread in world practice. When providing an acceptance loan by the Bank, an enterprise exhibits a transfer bill to his commercial bank, he accepts bills, i.e. becomes a debtor on the bill. Most often, even before the acceptance of the bill of exchange Bank, the client provides him with any provision of a loan, such as a sum of money equivalent to the raid bill. Sometimes the coating is provided before payment of the bill. Among the Russian banks, the acceptance of client bills practically did not receive distribution, since under the current financial instability banks are not confident in the solvency of their customers, and the risk of the bank during such an operation is extremely large. In addition, many specialists have repeatedly noted that translated bills are generally used in the money market of Russia.

A bill (from him. Wechsel) is a strictly installed form that certifies the non-obligated obligation of the billboard (a simple bill), or a proposal that the payer (translated bill) specified in the bill of exchange will pay a certain amount of money in a particular place.

A bill of exchange is a security, the release and appeal of which is carried out in accordance with special legislation, called bill of exchange. This securities certifies the debt of one person (debtor) to another person (creditor), expressed in monetary form, the right to which can be transmitted to any other person by order of the owner of the bill without the consent of who wrote it.

A bill of charge is a type of security, according to which the owner has the right to demand the payment of a monetary obligation to pay the amount for the specified amount and within the specified period. The debtor on the bill may be a bill of age (a simple bill), or the track specified in the bill person (with a promotional bill), which is a debtor of the notch.

A bill gives its owner the right to demand from the debtor, or the Accessant, (a third party who is obliged to pay on the bill) to pay the amount specified in the bill when the payment period occurs. Therefore, the bill is a complex settlement and credit tool capable of performing functions such as security and credit money and paying means. In particular, as a valuable paper, the bill itself may be the object of various transactions.

The basis of a bill transaction is a commercial loan provided by enterprises to each other, bypassing the bank. Registration of such a loan bill has a number of advantages. The subject of a bill liability can only be money.

A bill of exchange is not an emission valuable paper. Its release does not require state registration. Using this, Russian banks use them as a financial instrument similar to deposits. However, the obligations on the bank bill will, unlike an urgent deposit, are not involved in the deposit insurance system.

On the territory of the Russian Federation in the economic turnover uses a single sample of a form of simple and transferable bills. Their release and appeal is governed by the current funds of civil law and the Federal Law of the Russian Federation "On the Transfer and Simple Week" adopted by the State Duma on February 21, 1997. Release (write out) a bill may be like an individual and an organization with universal (general) legal capacity, i.e., not required for this special license.

The main characteristics of the bill:
1. Abstract. In fact, isolated from the initial transaction, as a result of which arose. There is as an independent valuable paper that is absolutely not associated with the implementation of any specific obligations under the contract (the specific type of transaction is not specified).
2. Corresponding character, unless fake. The route cannot nominate any objections against his duty to pay.
3. The unconditional nature of obligations.
4. Can be transferred as a means of means.
5. Always monetary obligation (payments only in cash).
6. Always written document.
7. The parties listed on the bill carrying solidarity.
8. It has strictly established mandatory details, with violation of one of which turns into ordinary paper.

History of bill

A bill of exchange, as a debt, appeared in Italy in the XIII century. Initially, the bill holder was forbidden to transfer their rights to other persons. However, by the beginning of the XVII century, these restrictions have become a deterrent in trade and they were gradually canceled.

In Russia, the bill appeared at the beginning of the XVIII century due to the development of trade relations with the German principalities. On the basis of German bill legislation, the first Russian bills of age was written 1729.

In 1832, a new Russian charter was adopted on bills, which was based on the norms of French law. At the same time, the Charter contained separate provisions borrowed from German bill rights.

On May 27, 1902, a new bill charter was approved, which existed until the October Revolution of 1917. Decree of the Council of People's Commissars dated November 11, 1917, a two-month moratorium on carrying out bill payments was declared, as well as bill protests. In the future, the appeal of bills on the territory of the RSFSR was largely reduced.

In 1928, during the financial reform of consumer societies and their unions, credit and bill operations were prohibited, which resulted in the elimination of billpressure within the country. However, bill continued to be used in foreign economic activity. The development of trade relations led to the fact that in 1936 the USSR joined the International Convention on Wrecles, which includes a uniform law on the transfer and simple bill.

The secondary in circulation on the territory of Russia, bill was introduced by a resolution of the Presidium of the RSFSR from June 24, 1991. Subsequently, this document was repealed by the Federal Law of March 11, 1997 No. 48-FZ "On the Transfer and Simple Week", which established that in accordance with the international obligations of the Russian Federation arising from its participation in the Convention on June 7, 1930, applied The decision of the CEC and SCC of the USSR "On the introduction of the Regulation on the transfer and simple bill of exchange" from 07.08.1937 No. 104/1341. Currently, more than 70 countries joined the Geneva Convention, including Russia.

Views of bills

There are two types of bills: simple and transferable.
A simple bill discovers the payer himself, and is essentially his debt departure. It usually appears as a result of a commodity transaction, when the buyer of goods does not have at the time of delivery of the necessary funds and instead of money, this bill is discharged, according to which it undertakes to pay the seller the required amount of money in the future. After this time, the bill holder places a bill to the buyer (i.e. the debtor on this bill), which pays the specified amount of money and receives a bill of exchange ("extinguishes" it).

The transfer bill (Tratta) is an instruction (order) of the lender (billboard), obliging the debtor (highway), pay the amount marked in the bill at the specified period of the third party (Remitent). The person who discharged a transfer bill is called a credential or traxant.

Three sides are involved in operations with a transfer bills: the trace (lender), the traction (debtor) and the recipient of the payment (Repair). The most typical scheme for using this bill, when the enterprise and the first supplier take a loan to the bank under its production activities and pay it through payments to the bank from their buyers, i.e. The transfer bill repays two credits: the track of the trassant and the trassant Remitent. This scheme allows the bank to control the target use of the loan.

The transfer bill is associated with the "translation" of debt from one person to another. Usually the one who discharges it (the creditor) is simultaneously the creditor of one person and the debtor of another person. In the translated bill, the credentials demands that the one who should pay him not to pay himself directly, but his lender directly.

The class of bills are quite diverse. In addition to dividing them on species (simple and translated), the following forms are also distinguished: commercial, financial, treasury, blank, friendly, bronze, security.

Trade (commercial) bill mediates a commercial deal. The company-seller provides a buyer a commercial loan, taking from it to the payment of goods bill payable for a certain period of time. Commercial bill performs two main functions. First, this is an unconditional debt obligation, secondly, it performs the function of the payment tool, since the owner can pay them with its suppliers for goods, work and services.

The financial bill is based on a loan issued by the company, at the expense of available funds, another enterprise. It is based on a financial operation that is not associated with the commission of a commodity transaction. He mediates a financial transaction associated with obtaining a loan.

In Russia, bank bills as a kind of financial will receive widespread. With their help, deposit operations of banks are drawn up. The bill certifies that the company has entered the Bank specified in it, and the Bank undertakes to repay him with the payment of interest income during a certain period. In fact, the bill executes the role of a deposit certificate.

Treasury bills - short-term debt obligations produced by the Government of the country usually through the mediation of the Central Bank with a maturity, as a rule, from 90 to 180 days.

In the blank bill of exchange, the buyer accepts an empty form, which will later be filled with the seller. This is possible if the final price of the goods has not been established during the negotiations (or it may change as a result of delivery) and delivery time. Naturally, such a bill can only be discharged by the parties trusting each other, because the amount other than agreed with the payer contributes to it, the latter will still be forced to pay it.

Friendly bills give each other face to the same amount and the same time. They are not supported by any real operation. The purpose of their release is to assist one of the participants in the bill of exchange, experiencing financial difficulties. Having received a bill, the company can use it with it with suppliers for goods or lay in the bank to get real money. Friendly bills discharge real persons who are in very close relationships and certainly trust each other.

Bronze bill does not have real support and is discharged for a fictional face. They can be discharged to real firms, and are issued in order to commit fraudulent operations. Two firms exchange them and take into account them in different banks. Before the maturity date of the first bills, they re-write out bills at each other and with the help of their accounting are trying to repay the old loan.

Bronze and friendly bills arise with the difficult financial position of the "creditor" or when they hold a fraudulent operation. Such bills falsify the money turnover, provoking tax defaults. In Russia, the release of friendly and bronze bills is prohibited.

Protection bill is discharged to ensure a loan borrower. It is stored on a deposited borrower's account and is not intended for further turnover. If the payment is committed on time, then the bill is repaid, if not, the debtor claims claims.

Mandatory details of bills

The list of props of bills is clearly defined in the position and the extended interpretation is not subject to. The rights concluded in it cannot be determined otherwise as soon as it details.

Simple bill contains:
- the name of the "bill" included in the very text and expressed in the language on which this document is compiled;
- Simple and no reason for the promise to pay a certain amount;
- indication of the period of payment;

- The signature of the one who issues the document (a drawer).

Translation exchange must contain:
- the name "bill", included in the most text of the document and expressed in the language in which this document is drawn up;
- a simple and no circumstances to pay a certain amount;
- the name of the one who should pay (payer);
- indication of the period of payment;
- indication of the place in which the payment must be performed;
- the name of the one who or orders whom the payment must be performed;
- indication of the dates and places of drawing up bill;
- Signature of the one who issues a bill of exchange (a drawer).

In the absence of at least one of the mandatory details, the document cannot be recognized as a bill. Although there are a number of exceptions:
- with unspecified period of payment it is believed that the bill is payable upon presentation;
- with an unspecified place of payment, such is considered the specified address of the payer;
- with an unspeted location of the compilation, such is considered the address of the credentials;
- If there are signatures of persons who are incapable of obliging or fallated, then the signatures of others still do not lose their forces.

Appeal of bills

Domicion. Banks can, on behalf of the client, make payments on promissory bills within the prescribed period. The outer sign of the domicile exchange is the words "payment in the bank" marked in it, placed under the signature of the payer. Speaking as a domicile, the bank does not bear any responsibility if the payment does not take place. The customer payer itself is obliged by the date of payment on the bill either to ensure the receipt of the necessary funds to its bank account, or to boot the amount of payment in a separate account in advance. Otherwise, the Bank refuses the payment and the bill is protested as usual against the bill.

Accrual interest. In a simple and transfer bill that is subject to payment upon presentation or in so many time from presentation, the receiving agent may (but not obliged) to determine what interest will be accrued for a bill. In any other bill, such a condition (about interest accrual) is not allowed. According to international rules, the interest rate must be specified in the bill. According to the Russian law, interest is paid in the amount of accounting rate established by the Central Bank of the Russian Federation according to the rules established by Article 395 of the Civil Code of the Russian Federation. Interest is charged from the day the bill is drawn up if another date is not specified.

Acceptance The transfer bill is the consent of the payer for payment on it. The payer for the transfer bill is a debtor in relation to the receiving agent. But since the bill is not a debtor himself, and his lender, then this debtor must give consent to the payment of this bill, before the credit agent will give a bill of exchange to the billpool, that is, to his debtor. Otherwise, the latter will not accept the transfer bill. This consent is expressed in acceptance. The acceptance also call the inscription itself on a bill, which indicates that the track is ready to pay bill. The person who has written an inscription on acceptance, in the bill handling is called an accept. A bill may be presented to a traction for acceptance from the date of statement before its repayment.

Endorsement- This is a transfer inscription on a bill of exchange, meaning an unconditional order of his former owner (holder) on the transfer of all rights on it to a new owner (holder). The transfer of bills in the endorsement means transfer to another person and the right to receive a payment on this bill. Write a bill holder on the back of the bill either on an additional sheet (Onceage) writes words: "pay the orders" or "pay in favor", indicating who the payment passes. The person transmitting an empowerment bill is called an indorse station, and received by the Industo. The transmission action of the bill is called indexing or endorsement.

There are the following types of endorses:
- Name, which contains the name of the indors, the signature and the seal of the indorsanta and clearly fixes, to whom the ownership of the bill is moving;
- collection - this is a transfer inscription in favor of a specific bank, authorizing the latter get a payment on the bill. Such an endorsement has the form: "On the collection" and gives the bank the right to make a bill to the acceptance or payment;
- Blankova - It does not contain the name of the Industo and such a bill is a bearer. The indorsat has the ability to independently enter the name of the new bill holder or transfer the bill, without making any more records. The forms of the formation turns into a nominal name in the case of the inscription in the text of the index name of the bill holder, which is done when the payment period is occurring;
- The mortgage is made in the case when the bill holder transfers the creditor bill as a guarantee of the loan issued. Usually, such a bill is accompanied by a reservation: "Currency in a deposit" or another equivalent phrase. The mortgage indorsement does not give property rights to the Exchange of the Indusant.
According to Russian legislation, partial endorsement is prohibited, that is, the transfer of part of the amount of the bill is not allowed.

Aval - This is a guarantee of a legal entity (usually by the Bank), guaranteeing a full or partial payment of bill in the event of non-fulfillment by the debtor of its obligations. The need arises if the lender does not trust the debtor, and therefore it requires the provision of additional guarantees of the execution of bills in the person of some kind of organization that he trusts much more.

Aval is drawn up by a special inscription of the Avalist, which is done on the front side of the bill or on an additional sheet to the bill (Oncewa). In Avala, they indicate the guarantee, place and date of issue issued by the bank, the signature of the two first officials of the bank and its printing are affixed. The person who committed Aval (Avalist) assumes responsibility for making a payment if the track, the trace or an endorsant cannot do it.

Accounting bill - This is the purchase of bill of exchange by the bank before the date of payment on it. The bill holder transfers (sells) a bill to an endorsement bill before the date of payment and receives a bill of interest for it less (for early receiving) a certain percentage of this amount called a discount percentage or discount. The need to take into account the bill occurs if the money is needed by its holder, and he cannot use the bill of exchange for him instead of them as a payment by an endorsement, and the pay time on the bill has not yet come.

Will exchange bills - This is an operation related to the sale of a central bank available by him, in the case when he has the need for additional funds.

Protest. In case of refusal of the payer from the acceptance of the bill or refusal to make the payment of an already acceptable bill of exchange, the bill holder has the right to protest bill.

The current legislation provides for the presentation of the bill in the notarial office to protest in defaults the day after the expiration of the pay date on the bill no later than 12 hours of the day. If the payment of the notarial office is made on the payer's bill of exchange responds with refusal, the notary is drawn up with an act of protest a bill in the non-payment. At the same time, he brings into a special registry, which is conducted in the office, all data on the protested bill, and on the front side of the bill itself puts a mark about the protest (the word "protesting", date, signature, printing).

Protest bills - this is officially certified by the notary fact of refusal to pay bills, generating solidarity responsibility of all individuals and legal entities related to the appeal of this bill.

Payment on the bill. The normal process of billing is completed by paying bills on time and paying bills, the payer frees herself from a bill obligation. The payment procedure on the bill is strictly standardized and includes:
- The payer must make the payment immediately upon presentation of the bill, if the present is the last timely. Defrement of the payment is allowed only in case of force majeure circumstances;
- When calculating the maturity of bills, the day is not taken into account in which he is discharged. In the case when the day of repayment accounts for non-working day, the bill must be repaid on the nearest working day;
- the presentation of bills to pay until the date of repayment does not oblige the debtor to pay on it, as well as the requirement of the debtor will not be satisfied with the receipt to accept the payment until the maturity date;
- The debtor can pay on the day of the bill of exchange only part of the amount, and the receptionist does not have the right not to accept the payment. In this case, on the front side of the bill, a mark on the repayment of the amount of the amount is made.

Waiter holder has the right to protest the unpaid amount and present a lawsuit to any of all those owned by the bill of interest to the unpaid amount.

Advantages of using bills:
- the need for cash money is reduced;
- deferment of payment;
- payment guarantee;
- When breaking the chain of calculations, the means can be obtained.

Problems of bill handling:
- It is necessary for good knowledge of the participants of the rules of bills;
- legislatively not adjusted the procedure for the rapid recovery of funds on the bill;
- For real use, more suitable bill of issuers are suitable.

1. A bill - a document compiled by the law established by law and containing unconditional abstract monetary obligation; securities; A kind of credit money. There are a simple and transferable bill. A simple bill represents nothing-conditioned obligatory to pay a certain amount of money to the holder on the occurrence of the term. The transfer bill (Tratta) contains a written order of the billboard (trassant), addressed to the payer (RUSSATU), about paying the amount specified in the bill of money to a third party - holder of the bill (Remitent). The route becomes a debtor on the bill only after accepting bills, that is, agree to his payment, putting his signature on it (acceptable bill).

An acceptance of a transferable bill just like a simple bill of exchange is the main bill debtor, he is responsible for paying bills within the prescribed period.

The form of bill, the order of its placement, payment, appeals, rights and obligations of the parties and all other bills are governed by the norms of bill legislation.

A bill of exchange is a strictly formal document: the absence of any of the mandatory details provided for by the bill of exchange is deprived of its strength of the bill.

A bill of exchange is an unconditional monetary obligation, since the order of the trace of a transferable bill and the obligation of a simplicate promissory bill may not be limited to any conditions.

A bill of interest is abstract: no links are allowed in the text of the bill on the basis of issuing it.

Therefore, a conscientious holder of the bill of exchange, as a rule, cannot be opposed to objections arising from the contract (transaction), which underlies issuing or assigning bills.

The subject of a bill liability can only be money.

In the process of circulation, the bill is transmitted from one holder to another by means of a transfer inscription - an endorsement (nominal or blank). Each endorseant as well as the credentials is responsible for acceptance and payment on the bill. Warehouse obligations of the payer, a drawer and endorsants can be additionally guaranteed in full or in terms of the bill of exchange amounts by Aval - a bill guarantee. A bill as a valuable paper for its payment should be presented at the payer's payment place or a third party who is entrusted to pay bills - Domiciliata. The proper payment of the bill of exchange within the prescribed period comes with all bills. In case of refusal of payment, the bill holder may present a direct suit for an accept (maxseltor for a simple bill). In addition, if the bill is not acceptable or not paid, it has the right to demand bills of bill in the order of regression (reverse requirement) from other responsible persons (the credentials, indorsants, the Avalists), solidarily obliged to the receptionist. A regressive claim may be brought to all these persons together and each separately, but only if the failure in acceptance or payment was certified by a protest or otherwise provided for in exchange legislation.

A bill holder on the claim has the right to demand the amount of bills, interest and penalty for delaying the payment, as well as the costs incurred.

Wrecked legislation provides for special terms of reference limitations.

A bill of credit tool is its main economic function. Through bills, you can issue various credit obligations: pay the purchased goods or the services provided on the terms of a commercial loan, return the loan received, provide a loan, etc.

A bills based on these real transactions are distinguished from the so-called "friendly" or "bronze" bills that do not have a commodity coverage and mutually exhibited on each other in order to receive bank loans on them. A bills based on trade transactions are called commercial.

Such bills, if they meet certain requirements (are short-term, with two or more signatures), can be taken banks to account or pledge as providing loans provided to customers.

Commercial banks can retire short-term bills in central banks.

Aval - a bill of charge, by virtue of which the person (Avalist), who committed it, is responsible for fulfilling the obligations of any of the obligations obliged by the bill of interest - the Accessant, the Breakager, the Indusant; It is drawn up by either the warranty inscription of the Avalist on the bill or additional sheet (allezh), or the issuance of a separate document. The volume and nature of the responsibility of the Avalist corresponds to the volume and nature of the responsibility of the person for which Aval is given. The Avalist, who paid the bill, has the right to demand a payment for payment from that person for which he gave Aval, as well as with persons responsible before the latter. Aval increases the reliability of the bill and thereby contributes to bills.

Allong is an extra sheet of paper attached to the bill, on which the transfer inscriptions are performed if they do not fit on the back of the bill. Aval may also be perfectly perfectly.

Acceptable bill of exchange is a bill who has an acceptance (agreement) of the payer (RUSSAIT) on his payment. The acceptance is made on the inscription on the bill ("Acceptor", "accepted", "binding to pay", etc.) and the signature of the track.

One payer's signature on the front side of the bill also has the power of the acceptance.

Through the acceptance, the person specified on the bill as a payer (RUSSAIT) becomes an accept - the main bill debtor. Acceptable bills based on a trade transaction are made by commercial banks to account (bought), as well as to provide loans and can be returned to central banks.

Bronze bill of exchange is a bill not having a real support, discharged on a fictional face.

Friendly bill - a bill, issued by one person else without the intention of the bill of charge, to make a payment on them, and only in order to find funds by mutual accounting of these bills in the bank. Friendly bills are issued by people who definitely trust each other.

The forms of the presenter's transfer inscription may consist of an indexed signature. A person who owns a blank endorsement document has the right to fill out the form on its name or name of another person, indictment a document by means of a full or blank endorsement, transfer to a new holder with a simple hand.

Waiter holder - the owner of the bill of exchange, which has the right to receive the amount of money specified in it. Vexsel holder, marked as a recipient in the most promoted, is called the first Waiter holder (Remitent).

When the exchange of the bill of exchange is a legitimate promissory holder, a person establishes its right to a continuous series of indors.

Vexsel holder has the right to bill itself; He is obliged to give it to someone who lost the possession of the bill, only if I purchased a bill unfair or, acquired, made a rough negligence. The bill holder has the right to receive the payment on the bill from the Accessant (a simplicity of a simple bill of exchange), as well as in the order of regression from all other responsible persons (indorsants, alky). A number of other rights (protest, presentation of lawsuits, etc.) also owns a bill of other rights.

A bill label is one of the details of the transfer bill: included in the text name "bill", written in the language on which the document is drawn up.

Grant days - the preferential days provided by the bill legislation of a number of countries, which extends the payment period marked on the bill. So, English legislation has established 3 grace days, i.e. A bill can only be credited after three days after its term. In countries who have acceded to the 1930 Geneva Waistcoat, grace days are not applied.

Discount bills - In banking practice, the accounting percentage charged by banks, when taking into account bills, represents a pronounced difference between the amount of the bill and the amount paid by the Bank when buying an exchange before the payment period.

Discount charged by the Central Bank with credit institutions when you will overcome commercial bills, is the official discount rate.

The domicile bill is a bill that has a reservation that it is payable by a third party (domiciliatat) at the place of residence of the payer or elsewhere.

Such a reservation is affixed on the bill of charge. If the domicile is not specified in it, it can be called the payer when accepting.

The domicile bill is made to pay for domiciliata, which is not a person responsible for the bill, but only timely pays bill at the expense of the payer who has provided the necessary funds to his disposal.

The endorsement is a transfer inscription on valuable paper, bill, check, co-hospitality, etc., certifying the transfer of rights on this document to another person. It is usually affixed on the reverse side of the document or on an additional sheet. The person who makes the indorsement is called an indors.

The endorsement may contain an indication of the person in favor of which the document is translated (full or nominal indexment), to be on the bearer or consist of an indexed signature (forms in the formation). A person who owns a blank endorsement document has the right to fill out the form on its name or name of another person, indictment a document by means of a full or blank endorsement, transfer to a new holder with a simple hand. In addition to the gear ratio, the endorsement on the bill and check also performs a warranty function: each endorsement on the bill is responsible for acceptance and payment, an endorsant for a check for payment. The endressant carries sudden responsibility together with the credentials (the check), the Avalist and the payer (although it can take off this responsibility through an endorsement with the reservation "without turnover").

The endorsement on the bill should be simple and unlocked, partial endorsement is invalid.

On the bill of exchange is allowed to put the so-called pretended endorsement with the reservation "currency on the collection" or "as a trusted". The owner of the document remains an endorsant, and the holder acts as its attorney and can perform any actions necessary for receiving the payment. There is also an exchange of an endorsement with the reservation of the "currency in a deposit", that is, the bill is not transferred to the holder, but in pledge.

Incasso - a banking operation, through which the bank on behalf of its client receives on the basis of settlement documents of enterprises, associations, organizations, institutions for shipments shipped to their address - material values \u200b\u200band services rendered and enrolls these funds to his bank account.

Protection bill.

Under conditions, when the debt has existed for a long time, and the borrower is optional and unreliable, the provider will be required from it. In this case, the bill is used as providing a loan. The bill is stored on the borrower's deposited account and is not intended for further turnover. If the payment is performed on time, then the bill is repaid. If the payment of the loan is delayed, then the debtor makes complaints.

Bonds (from Latin Obligo - oblige).

1) Debt on bill liabilities.

2) books, magazines, etc., in which banks reflect the debt to the Bank by persons missing on accounts.

Online loans (from English on Call - on demand) - bank loans that can be in demand at any time (demand loans), in connection with which the degree of liquidity are first-class assets. Such loans in banking global practice are presented to provide bills, goods and securities.

Regress - the inverse requirement to compensate for the paid amount is made in one individual or legal entity to another obligated person. Recessive applies when protest a bill or check.

An endorsant who paid for the protested bill (check) has the right to reverse the previous indorsemers and a credentials (check) who carry a joint ventilation bill.

a responsibility.

Rekt - bill, or Name bill.

In the payment turnover system, a special place occupies a bill.

Bill - This is composed in a written undisputed obligation of one person (billboard) in strictly established by law (billboard) to pay the amount specified on the bill.

Federal Law of 11.03.1997 No. 48-FZ "On the Transfer and Simple Week" (hereinafter referred to as Law No. 48-ФЗ) prescribes strictly certain details for bills, the absence of which deprives this document of bills. This provision was called warehide.

A bill must contain the following details:

The name "bill" in the text of the document and expressed in his language (bill label);
A simple and no circumstances (in a transfer bill) or promise (in simple) to pay a certain amount of money, as well as the indication of the payer (RUSSATU), which is invited to pay the bill (in the transfer bill);
Payment period (the following deadline options are possible: for a certain day; "upon presentation"; "in so many time from presentation");
place of payment;
date and place of drawing up bill;
The signature of the credentials (the one who exists a bill (trace audience) in a broadband bill, and the one who issues a bill in a simple bill).

In fact, the bill is a trading money that performs the function of the means of circulation and payment, and in the form of circulation - securities.

A bills are classified but different criteria (see Fig. 6.3), the main of which is the features of document management. According to these features, the bill may be simple or transferable.

Fig. 6.3.

Simple bill (solo) It is a debt obligation, according to which the payer is a credentials (see Appendix 9 and 10). The turnover scheme of a simple bill is presented in Fig. 6.4.

Fig. 6.4.

Translated bill (draft) implies a reprimanding of the credentials of the obligations to pay a third party on the bill - to his debtor (highway), obliged to accept bills, i.e. agree to pay, after which the bill moves to a person who or by order of which should be paid - repertent (The first leader, the beneficiary). The turnover scheme of the transfer notes is presented in Fig. 6.5.

Fig. 6.5.

A bill of exchange can be transmitted from one bill holder to another by implementing indusation - transfer inscription on the back of the bill or allong (Additional sheet).

We list the functions of the bill:

a means of calculating or paying - a bill of exchange arises from a credit transaction, the payment on it is required (subject to the financial reliability of the rack);
a means of circulation - ensured by the presence of an endorsement (than them are more, the bill is more reliable, since all the notes are carrying joint responsibility for the payment on the bill);
Securities - according to the Civil Code of the Russian Federation and the Law No. 48-FZ can be used as a collateral, to be a subject of sale.

In the system of non-cash payments of bills, the lack of real money is replaced and have several advantages over the bank loan:

There are more mobile bills, some of their cost can be obtained by a random holder to maturity by selling or pledge;
A bill of exchange is an effective means of repayment of obligations between enterprises if they are mutual character and coincide in their repayment terms (relatives);
A bill of exchange as an abstract debt obligation is not related to the terms of the transaction;
The bill is largely satisfying the need for economic turnover in liquid assets.

Problems of use of bills in Russia (as a rule, occur during crises):

in violation of the proportionality of economic turnover, limited real commercial loan (prepayment prevails); can be used as a gray and black turnover service tool;
In the event of a massive nature of non-payment due to the lack or absence of own working capital, the "live" enterprises are replaced by "live";
The difficulty of assessing the reality of the transaction decorated with a bill of exchange (fictitious bills), and, consequently, the payer's bill of exchange will make the issue of a significant number of unsecured bills;
A large proportion of financial promissory bills arising from the real need for trade and industrial turnover, but from the need to mobilize cash resources in financial markets;
The use of bills in order to conceal profits from taxation, which is associated with the imperfection of tax legislation and attribute bills to the category of securities.

Bank bill - This is a kind of financial promissory bills. Bank bills can be percentage and discount, currency and ruble. The use of bills in the payment system provides normal conditions for mutual settlements and repayment of debt between enterprises, expands the possibilities of forming the resource base of banks and, therefore, increases their credit potential. The turnover of bills of reliable banks is very high, which ensures the continuity of the payment turnover, increases the liquidity of the bill market. The market price of the bill is determined by its turnover, filler and liquidity.

All operations of banks with bills can be divided into four groups:

1) the release of own bills in order to attract free funds;
2) lending to customers using bills and investments in the securities market (RCB);
3) warranty operations on the procurement, collection and domiculation of customer bills;
4) Organization of settlements using bills:
- using bills of exchanges itself;
- Development of bills of schedule for bank customers.

The issue of bank notes, the cost of which is reflected in the balance sheet of the balance, is the nonpositive source of formation of its resource base. Own bills of banks are included in the calculation of the amount of mandatory reserves to be deposited in the Bank of Russia.

Own bills are usually the cheapest resource for the bank.

The benefit for legal entities from the acquisition of the bill is:

in the liquidity of bank bills;
In the ability to make an endorsement of bills and pay them our own financial obligations;
In the ability to lay a bill and get a loan or take into account the bill in the bike ladder or another bike.

If the Bank issues a percentage bill, he sells it to the first holder at par, and the income of the holder will be interest accrued on the bill. Their payments occur at the same time when repaying the bill. At the same time, the reservation of interest accrual will be valid only in bills with a period of payment "upon presentation" or "at a time of presentation". Interest is charged from the date of drawing up a bill, unless otherwise indicated, and until the day of the actual performance of the obligation but the bill.

Discount (discounted) bill is sold to the first holder at a price lower than the nominal. The price of placement is determined by the following formula:

where R - price of selling bills (rub.); S - the nominal value of the produced bills (rub.); t. - Time to appeal bills (days); I. - Interest rate (in percent per annum).

The income of the discount promissory holder will be the difference in the price of its purchase and sale prices, which in all cases is subject to a tax but a total income tax rate.

Consider the situation of settlements of enterprises on transactions using the Bank's bill.

The company has a debt to its creditors for the services rendered received by raw materials. It currently has free money, but wants to pay with creditors, having received a certain benefit for himself. This situation is solvable with the help of bank bills. The company concludes a purchase and sale of bills with the bank. The term of quenching bills is one month. The bank attracts resources for one month at a rate of 14% per annum. The nominal bill acquired - 5,000,000 rubles.

Calculate the amount paid by the company when buying data of bills of exchanges according to the above formula:

The discount received by the enterprise will be:

5000000 - 4940711 \u003d 59289 rub.

After that, the company receives bills and is calculated by them with its counterparty but nominal.

The warranty includes the operations of the Bank with promissory notes that are not reflected in the balance sheet accounts of accounting. For these operations, the Bank acts as a guarantor of bill of bill of exchange (bill of exchange) or by virtue of the current economic relations with other benefits guarantees receipt of payment on the bill (DOMATION, OCHESTITION).

Bill guarantee or aval means a guarantee of full or partial payment on the bill, if the debtor does not perform its obligations on time. A bill guarantee is given the inscription at the most prompt or at an additional sheet (Алльльж), indicating the place of issue. Aval is expressed by the words "count for Aval" or a similar phrase and signed by the Avalist - a person giving Aval. Aval can be given for each person's obligated on the bill: a drawer, acceptant, an endorsant. In the absence of an indication, at whose expense it is given, Aval is considered data for the drawer. The Avalist and the face for which he is entrusted to carry solidarity.

When collecting a bill of exchange, the Bank must, on behalf of his client (bill holder), ensure payment on the bill. In the domicion of the Bank, in contrast to the invoice of bills, is not a payer, but a payer (specially appointed by a third-party domicile), and such bills are called domicile, their external signs are the words "payment" or "payment in the bank", placed under the signature of the payer.

In the conditions of economic crises at a high level of overdue debt, the share of bills in the payment turnover, as a rule, is growing, at the same time risks are risks of non-fulfillment of bills of exchange, the markets for selling such debts are activated. This negatively reflects on the payment turnover, banking system and the economy as a whole. Financial stabilization normalizes the bill market.

Based on bill of exchange lies international law. In 1930, in Geneva, the Conventions were adopted that uniform the main norms of the international bill of interest, which are valid to the present. In Russia, the bill appeal was interrupted in 1917. During NEPA, the bill was restored, but canceled in 1930. The need to apply bills in international calculations has led to accession in 1936 to the USSR to the Geneva bill of business and the adoption of the provision on the transfer and simple bill in 1937 G. Currently, in our country, billproof is regulated by law No. 48-FZ.
This type of operation will be considered in Chapter 7 of the Tutorial.

Bill appeal
Bill

The current state of the banking system and the prospects for its development (on the example of the region, city, country)
Prediction of bank bankruptcy and ways out of crisis

Thanks to its peculiarities, a bill market can perform various functions in the economy - to carry out operations in the credit schemes, support the liquidity of the banking system, attract funds to the real sector. Thus, the bill used and is used not only when calculating the delivered products, but also in the lending process.

A bill of exchange is drawn up in strictly established by law, the written undisputed obligation of one person (a drawer) to pay to another person (bill holder) the amount specified on the bill.

In fact, the bill is trading money that performs the function of the means of circulation and payment, and in the form of circulation - securities.

We list the functions of the bill:

a means of calculating or paying - a bill of exchange arises from a credit transaction, the payment on it is required (subject to the financial reliability of the rack);
a means of circulation - ensured by the presence of an endorsement (than them are more, the bills are more reliable, because all the notes are carrying joint responsibility for the payment on Him);
security, according to the Civil Code and the Law on Translation and Simple Weeks, can be used as a collateral, to be a subject of purchase / sale.

In the system of non-cash payments of bills, the lack of real money is replaced and have several advantages over the bank loan. Advantages of the bill in handling:

there are more mobile bills, some of their cost can be obtained by a random holder to maturity by selling or pledge;
a bill of exchange is an effective means of repaying interchangeliness between enterprises;
a bill of exchange as an abstract debt obligation is not related to the terms of the transaction;
significantly satisfies the need for economic turnover in liquid assets.

A bill appeal is the transfer of a simple or transfer bill from one of its holder to another. A bill of exchange as a classic securities can be freely transmitted from one person to another. This is due to the fact that the bill is the right to receive a certain amount of money without any conditions from the payer on it. Such right, naturally, can be transmitted on certain market conditions.

The current bill legislation provides for the possibility of transferring a bill to another person using a transfer lettering (indressation).

The endorsement is a transfer inscription on a bill of exchange, meaning an unconditional order of its former owner (holder) on the transfer of all rights to it to a new owner (holder). The transfer of bill on the endorsement means transmission together with the bill to another person and the right to receive them payments on this bill.

Write a bill holder on the back of the bill either on an additional sheet (Onceage) writes words: "pay the orders" or "pay in favor", indicating who the payment passes.

The Indosat is a person in whose favor is transferred bill.

The endorsant is a person broadcasting an endorsement bill.

Since the obligation existing in the bill is not due to the index, it can only be the same.

Partial endorsement is not allowed, i.e. the transmission of part of the amount of the bill. The endorsant itself signs the gearbox, which is fastened to its seal. He is responsible for acceptance and payment on a transfer bill and payment on a simple bill. However, he can remove responsibility for the acceptance and payment, if it makes the reservation "without turnover to me." In this case, it is excluded from the chain obliged to the bill of employers, which usually leads to a fall in the liquidity of the bill.

A bill holder can exclude the possibility of further transmission of the bill, if he enabled the word "not orders". In this case, the bill can only be transferred through the contract of sale.

There may be the following types of endorses:

name, which contains the name of the Industo, the signature and the seal of the indorsanta and clearly fixes, to whom the ownership of the bill is moving;
forms - it does not contain the name of the indors and such a bill is a bearer. The indorsat has the ability to independently enter the name of the new bill holder or transfer the bill, without making any more records. The forms of the formation turns into a nominal name in the case of the inscription in the text of the index name of the bill holder, which is done when the payment period is occurring;
the collection is a transfer inscription in favor of a specific bank, an authorizing the latter receive a payment on the bill. Such an endorsement has the form: "On the collection" and gives the bank the right to make a bill to the acceptance or payment;
the mortgage is made in the case when the bill holder transfers the creditor bill as a guarantee of the loan issued. Usually, such a bill is accompanied by a reservation: "Currency in a deposit" or another equivalent phrase. The mortgage indorsement does not give property rights to the Exchange of the Indusant.

Cessia is a transfer inscription on personal valuable paper on the transition of ownership of it.

The main differences between these two shapes of the transfer inscription are as follows:

cessia is a bilateral contract, and the endorsement is a one-sided order of the bill holder;
in Cessia, the seller of the security is only responsible for the reality of property rights, and not for their feasibility, and with the endorsement the willssel holder is responsible for both for the other;
cessia is always a registered transmission, and the endorsement may be presenter;
cessia can be framed as an inscription on the most valuable paper and purchase and sale contract, and the endorsement is drawn up only by the inscription on the bill (or on an additional sheet to it - Onceless).

Problems of use of bills in Russia:

in violation of the proportionality of economic turnover, limited real commercial loan (prepayment prevails); can be used as a gray and black turnover service tool;
in the event of a massive nature of non-payment due to the lack or absence of own working capital, the "live" enterprises are replaced by "live";
the difficulty of assessing the reality of the transaction decorated with a bill of exchange (fictitious bills), and, consequently, the payer's bill of exchange will make the issue of a significant number of unsecured bills;
a large proportion of financial promissory bills arising from the real need for trade and industrial turnover, but from the need to mobilize cash resources in financial markets;
the use of bills in order to conceal profits from taxation, which is associated with the imperfection of tax legislation and attribute bills to the category of securities.

Thus, in order to create a civilized bill turnover, it is necessary to train specialists to work skills with promissory bills. Thanks to the bill, it is possible to create conditions for preventing bankruptcy in the production sector of the economy, and on the other hand, it is unhindered to change the owner of the economic entity, boring his debt bills.

Bibliography

Bill [Electronic resource]: A access mode URL: http://www.grandars.ru/financial/veksel.html (reference date 12/14/2016)
Nepso, D.G. Problems of bill of exchange in Russia [Text] / D.G. NESTO // In the collection: Modern problems and trends in the development of the economy and management in the 21st century, a collection of materials of the VIII International Scientific and Practical Conference. Ot. ed. EAT. Mosiolov. - 2015. - P. 67-74.
Paderyna, I.A., Shirshikova, L.A. Features of the appeal of bills on the domestic market [Text] / I.A. Paderina, L.A. Shirshikova // Economy and business. View of young. - 2015. - № 1. - P. 58-60.