After remitter goes bankrupt, is the bank acceptance in the hand returned can cash?

If remitter went bankrupt, is the bank acceptance in the hand that oppose a bill returned can cash?

Say the result first: Can cash, remitter goes bankrupt, the bank wants accept all the same, the bill in wanting to decide the person that oppose a bill decides a hand above all nevertheless is bank acceptance or commercial accept bill of exchange.

The ticket is friendly people know, the bank acceptance is to show remitter applies for make out an invoice to pay certain earnest money to the bank, bank classics is examined and agree, assure to be in appoint date termless the bill that pays to certain amount gives chamberlain or hold ticket person.

So, why remitter went bankrupt, the accept bill of exchange in the hand by bank cash? Can you appear cannot the risk of cash?

1, bill of exchange once accept, the bank is termless pay

Basis " pay settle accounts way " thirtieth sets 3 times: "The bill that makes over in order to endorse, endorse ought to successive. The person that oppose a bill with what endorse successive, prove its bill right. Blame classics endorses make over, and obtain note with other and legal means, lawfully quote, prove its bill right. Endorse successive, it is to show bill first time endorses the chamberlain that cession endorser is the account on bill, before second endorse cession endorsee is hind endorse cession endorser, ordinal around joins, endorse for the last time cession endorsee is bill is final the person that oppose a bill. Endorse for the last time cession endorsee is bill is final the person that oppose a bill..

Common feature says even if: If the accept bill of exchange in your hand endorses successive, the regulation of be good law, so bill is lawful and effective, enjoy bill right lawfully, the bank should give honor.

Basis " bill standard " , " pay settle accounts way " regulation: "Bill debtor is not gotten with oneself and remitter or with the person that oppose a bill before the contradictory main content between the hand, antagonism holds ticket person; Before the remitter of the bank acceptance should expire at bill of exchange deposit of bill section full specified amount its open an account bank, accept bank should be in after maturity of bill of exchange or maturity see the bill pays a ticket the money that day; The remitter of the bank acceptance fails at maturity of bill of exchange when section of bill of deposit of full specified amount, accept bank is divided by the ticket to the person that oppose a bill termless outside paying, the amount of bill of exchange that has not pay to remitter according to everyday extremely plan receive interest. The amount of bill of exchange that has not pay to remitter according to everyday extremely plan receive interest..

Stipulate from this we can know, bill of exchange once accept, so accept bank answer termless pay.

According to our country " bill standard " the 61st: Bill of exchange expires to be rejected to pay, the person that oppose a bill can is opposite the recourse of other debtor exercise of endorser, remitter and bill of exchange.

Before maturity of bill of exchange, have one of following state, the person that oppose a bill is OK also exercise recourse:

(one) bill of exchange is rejected of accept;

(2) acceptor or of drawee death, abscond;

(3) acceptor or drawee by what perhaps stop business activity of suspend payment because of breaking the law to be instructed lawfully.

Lift a chestnut:

A is remitter (drawee) , the bank is acceptor, so if remitter A closed down, the bank should be in charge of accept all the same; If be a bank,closed down, so B company seeks A industry claim for compensation; Of course if A enterprise is mixed,the bank goes broke after all together, so B does not have method.

Additional, if B turns this piece of bill to C again, c turns to D; When expiring suppose, when D takes a ticket to go to a bank, the bank rejects to pay, so D can look for C to want money, still give C bill, same C looks for B again, b looks for A again.

Normal bank won't intended not of cash, appear to just meet with the bank when next circumstances only not cash: Bill already report the loss of sth; Bill damaged; Bill classics falsification or alter; Endorse discontinuous or invalid; Accept bank closes down; Bill destroys break.

Remitter goes bankrupt, bank meeting is faced assume cannot the risk to section of bill of remitter collection full specified amount, but the bank must not hold this risk impute to ticket person.

Additional, note behavior is had because of,do not have quality, without because the gender is to point to note behavior and the materiality reason that send unripe premise as its,concern to depart, make the effectiveness of note behavior suffers what the reason concerns to put no longer thereby abandon or its effectiveness has the effect that not have.

This explains, the bill that wants remitter to sign and issue only accords with the important document that bill code decides in formally, behavior giving a bill is effective, no matter the par amount that whether remitter pays full specified amount to accept bank, also no matter whether invalid or the fundamental concern of bill is imperfect, the bank must pay to the person that oppose a bill.

See here, when the person that oppose a bill encounters this kind of problem, need not worry. Remitter is broken do not go bankrupt, do not affect a bank to be the bank acceptance in your cash hand. The bill of exchange in wanting your hand only endorses successive, true, effective, enjoy all bill rights that include accept inside lawfully.