Bank Draft Discount Loan Agreement
銀行票據融資協議書
This Agreement is entered into by and between the two parties, either an individual or a representative with complete corporate capacity on XXX XX th , XXXX.
本協議書於XXX年XX月XX 日由以下雙方以個人和(或)完整法人能力為法定代表人而簽立。
BD provider: XXXXXXXX (hereinafter referred to as “Party A”)
票主方:(以下簡稱A方)
and
及
Funder : XXXXXXXXXXXXX (hereinafter referred to as “Party B”)
資金方: (以下簡稱B方)
Whereas Party A intends to pledge the XXX Bank Draft (BD)they issued to Party B as security for a discount loan from Party B so that they can develop various business investment plans. With their full legal responsibility, Party B confirms that they have sufficient fund to pay the loan amount to Party A.
鑑於A方欲將XXX銀行開出的銀行票據抵押工具向B方進行貼現質借,開發旗下各項商業投資計畫。B方以完整的法律責任進一步確定有足以支付上開工具的資金。
Whereas Party A represents and warrants by taking their complete corporate responsibility that the source of the check is legal. Party B ensures by taking their full responsibility that the fund is clean, clear and non-criminal in nature.
鑑於A方以完全公司責任表示並保證票據來源合法正當,B方以完全責任保證資金乾淨、清白、非犯罪所得。Whereas both parties agree that the provision of financial support shall be within the capacities of the respective parties, as well as they both shall cooperate to complete the performance of this Agreement and the termination of cooperation under this Agreement on the principle of mutual benefit. Both parties hereby represent and warrant each other that they respectively have full legal authorities and powers to sign this Agreement. As for the execution of this Agreement or the performance of the parties under this Agreement stated below, it shall not be necessary to obtain the consent or approval of any third party.
鑑於雙方同意在各自各種能力範圍內提供金融支援。攜手完成合約的履約,而將在雙方互惠之下終止本協議的合作。雙方據此相互表示並保證其各自具有可締結
本協議之完整法律授權及權力,對於本協議的執行或以下各方對本協議的履行,不應需要任何第三方的同意或核可做為條件。
On the basis of mutual benefit, Party B agrees to offer a discount loan to Party A after they made a notice to Party B to tell that the check has been issued by the bank designated by them. In order to carry out every detail of this loan plan, both parties shall jointly develop the provisions of this Agreement in good faith to specify the respective parties’ rights and obligations as follows:
據此雙方在互惠互利基礎上,B方同意在A方在預先通知報備指定銀行開出的票據給予進行貼現融資,為執行融資各項細節,雙方誠信共同擬定本協議書各項條款,規定範雙方的權利及義務如下:
I. The characteristic of Party A:
一、A方之屬性:
Party A must be a corporation with a good credit and no bad record, and they have the ability to perform the relevant procedures from the post-dated check issued by the bank, fund obtaining to its payback.
A方必須是法人且債信良好並無不良紀錄,並且有能力履行銀行開出的票據進行融資及償付。
II. Maturity date:
二、票據到期日:2016年XX月XX日
III. Issuing bank: XXX Branch
三、開票銀行:XX銀行XX分行
IV. Bank Draft No:
四、票號:
V. Total discount: Ten Million EURO (EURO:10,000 ,000.00)
五、貼現總額:100,000 ,000.00)歐元整
VI. Currency: EURO
六、貨幣:.歐元
VII. Method of delivery: MT-110 (APPENDIX A )First, In the face to exchange /Endores Transfer
七、遞交方式:先MT-110 (附件A)銀行確認承對後当面交易/背書轉讓
VIII. Discount rate: 78 of face value(72%+ 2%Commission+2% cCommission +2% Consultant Fee)
八、貼現融資率:票面額的78 %)(72%+2% 票主方佣金+2%資金方佣金+ 2%顧問費)
IX. Document examination:
When signing this Agreement, Party B shall submit the following documents to Party A for the screening of qualification: 九、文件審核:
本合約書雙方簽約時B方應提交下列文件給A方進行資格審查:
1. Color photocopy of company registration certificate
公司註冊登記證彩色影本
2. Color passport photocopy enlarged in 1.4 scale of the legal representative of company registration 1.4 times zoom. 公司登記負責人彩色護照放大1.4倍
X. Workflow
十、作業流程
1.Both sides electric sign, scanning the draft master sample in ticket (write on the ticket/ endorse transfer to Mr./Mrs