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国际结算名词解释

International settlement refers to financial activities of settling claims and debts among countries.1、Characteristics of negotiable instrument: negotiability流通转让性、unconditional promise or order to pay无条件支付的承诺或命令、requisite in form要式性、non-causative nature无因性2、functions of negotiable instrument: a substitute of money 、payment instrument、credit instrument3、the holder for value is a person who possesses an instrument for which value has been given by himself or by some other person prior to him. 付对价持票人4、the holder in due course refers to an individual who acquires a negotiable instrument in good faith. 正当持票人5、Good faith means the observance of honorable intent in business relations and the avoidance of any attempts to deceive in assuming and performing contractual obligations.6、汇票是指出票人签发的,委托付款人在见票时或者指定日期无条件支付确定金额给付款人或持票人的票据。

7、essential items required in a bill of exchange:●The word “Exchange”●An unconditional order to pay a fixed amount of money●Name and address of the drawee●The signature of the drawer●Date and place of issue●Name of the payee●Tenor●Place of payment● A fixed amount money●Writing (typewriting and printing)8、there are there different ways of writing the payee of a bill: restricted order 限制性抬头、demonstrative order 指示性抬头、payable to bearer 来人抬头9、sight bill即期汇票usance bill 远期汇票10、the following are the different tenors a bill may be made:●Payable on demand 见票即付●Payable at a fixed time after sight 见票后定期付款●Payable at a fixed time after date 出票后定期付款●Payable at a fixed future date 在未来固定日期11、what are the rules for calculating the due date of a bill:●First of all, one should note that if the paying date is a non-business day, the billshould be paid on the succeeding business day.●Second, one should know the usages of the word “after” and “from”.●Third, the month on a bill is the calendar month.12、acts relating to a bill of exchange:●Issue 出票To issue a bill comprise two acts by the drawer: 1) to draw and sign abill; and 2) to deliver it to a payee.●Endorsement 背书( special endorsement 记名背书、blank endorsement 空白背书/不记名背书、restrictive endorsement 限定性背书、conditional endorsement 有条件背书)●Presentment 提示:一是远期汇票向付款人提示要求承兑,即承兑提示;二是即期汇票或已承兑的远期汇票向付款人或承兑人提示要求付款,即付款提示。

即期汇票不需要做承兑提示,要做付款提示。

●Acceptance 承兑:general acceptance 一般承兑、qualified acceptance 限制性承兑(a condition, partial acceptance, local acceptance, time-qualified acceptance)●Payment 付款Payment in due course正当付款means payment made at or after the maturity of the bill to the holder in good faith and without notice that his title to the bill is defective.●Dishonor 退票/拒付: Dishonor by non-acceptance and dishonor bynon-payment.Right of recourse追索权P6213、Classification of bills of exchange:●Foreign bill and inland bill the places if issue and payment are the same, thebill is an inland bill, otherwise, it will be a foreign bill●Sight bill and usance bill the tenor●Banker’s draft and trader’s bill 银行汇票both the drawer and the drawee arebank, 商业汇票the drawer is a trader and the drawee may be a trader or a bank.●Banker’s acceptance and trader’s acceptance 出票和承兑的都是bank or trader ●Clean bill and documentary billUnder clean collection,on shipping documents are attached to the bill, and the documents are sent directly by the seller to the buy. Only for the collection of proceeds for services or when the buyer is creditworthyDocument bill most frequently used under documentary collection or letter of credit transactions.14、本票15、Essential items of a promissory note:●The word “promissory note” clearly indicated●An unconditional promise to pay●Name of the payee●Signature of the maker●Place and date if issue●Tenor● A sum certain in money●Place of payment★重点16、Differences between a bill and a note: P73◇bills of exchange ◆promissory note◇an order to pay ◆a promise to pay◇a three-party instrument ◆a two-party instrument◇where payable after date, a bill is generally accepted◆never accepted◇can be drawn in a set ◆one copy◇foreign bills need protesting on dishonor to retain the liability of prior parties◆protest is never needed◇before acceptance, the drawer is primarily liable for payment, but after acceptance the acceptor becomes primarily liable for payment◆the maker is always the party liable primarily for payment17、支票18、essential items of a cheque●The word “cheque” clearly indicated●An unconditional order to pay in writing●The name if the paying bank●The signature of the drawer●Place and date of issue●Address of the drawee bank● A sum certain in money●Name of the payee19、remittance汇款means that a bank , at the request of its customer, transfers a certain sum of money to its oversees branch or correspondent bank, instructing it to pay a named person domiciled定居in that country.21、remitting bank汇出行is the bank that transfer funds at the request of a remitter to its correspondent or branch in another country and instructs the latter to pay a certain amount of money to the payee or beneficiary.Payment bank 汇入行/解付行22、types of remittance: M/T, 信汇T/T, 电汇D/D 票汇25、When a foreign bank maintains a current account with a local bank, the account is perceived by the local bank as a vostro account.来帐When a domestic bank holds a current account with a foreign bank, the account is perceived by the domestic bank as a nostro bank.往账26、cash in advance and open account第四章:1、collection means “the handling by banks of document in accordance with instrument received, in order to: 1) obtain payment and/ or acceptance or 2) deliver document against payment and/ or against acceptance or 3) deliver document on other terms and conditions.”托收(Collecting)是出口人在货物装运后,开具以进口方为付款人的汇票(随附或不随付货运单据),委托出口地银行通过它在进口地的分行或代理行代替出口人收取货款一种结算方式。

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