How to operate the transfer of acceptance endorsement
The transfer of acceptance endorsement is an important act of negotiable instrument, which involves the transfer of negotiable instrument rights and the assumption of responsibility. The following will introduce the operation steps and precautions of acceptance endorsement transfer in more detail and depth.
1. The basic concept of acceptance endorsement transfer.
Acceptance and endorsement transfer refers to a kind of instrument behavior in which the holder transfers the right of the instrument to others by way of endorsement. In the transfer of acceptance endorsement, the bearer is called the "endorser", and the person who accepts the right of the instrument is called the "endorsee". The transfer of acceptance endorsement is one of the main ways of bill circulation, which helps to promote the circulation of funds and the convenience of transactions.
Second, the operation steps of acceptance and endorsement transfer.
Endorsement record: The bearer needs to record the name or name of the endorsee on the back of the bill or on the sticky sheet, and sign and seal. This is the first step and the most basic requirement for the transfer of acceptance endorsement.
Continuity requirement: For bills of exchange transferred by endorsement, the endorsement should be continuous. The bearer proves his right to the bill of exchange with the continuity of the endorsement. If the endorsement is not continuous, it will affect the holder's right to the instrument.
Prohibition of Transfer: If the drawer writes the words "non-transferable" on the instrument, the instrument may not be transferred. At the same time, if the endorser records the words "non-transferable" on the instrument, the subsequent hand shall not endorse the transfer. These provisions are intended to prevent bad faith or invalid assignment of instruments.
Liquidation liability: If the endorser is not accepted or paid for the instrument, it shall pay off the amount and expenses stipulated in the Negotiable Instruments Law to the holder. This is the legal responsibility of the endorser and an important measure to protect the rights and interests of the bearer.
Complete Delivery: The final step is to complete the delivery, i.e., deliver the note to the endorsee. Deliveries can be made at any time, either face-to-face or by post, etc. Once delivery is completed, the endorsee becomes the new bearer and can exercise the rights on the instrument.
3. Precautions for acceptance and endorsement transfer.
Legitimacy requirements: When carrying out the transfer of acceptance endorsement, the provisions of the Negotiable Instruments Law of the People's Republic of China and other relevant laws and regulations must be followed to ensure the legality and validity of the transfer. If the transfer is made in violation of the law, you will face legal liability.
Authenticity of signature: In the transfer of acceptance endorsement, the authenticity of the signature is crucial. If the signature is not true or there is forgery or alteration, it will affect the legitimacy and validity of the instrument. Therefore, when carrying out the transfer of acceptance endorsement, it is necessary to carefully check the authenticity of the signature.
Continuity requirements: The continuity of endorsement is one of the basic requirements for the transfer of acceptance endorsement. If the endorsement is not continuous or there is an interruption, etc., it will affect the holder's right to the instrument. Therefore, it is necessary to ensure the continuity of the endorsement when carrying out the transfer of acceptance endorsement.
Risk prevention: When carrying out the transfer of acceptance endorsement, it is necessary to pay attention to prevent possible risks and problems, such as fraud, counterfeiting and other behaviors. It is recommended to take some risk prevention measures, such as strengthening the custody of bills and using safe delivery methods.
Legal liability: In the transfer of acceptance endorsement, if the transfer is carried out in violation of the law or the contract, it will face legal liability. Therefore, when carrying out the transfer of acceptance endorsement, it is necessary to understand the relevant legal provisions and contractual agreements, and strictly abide by them.
Fourth, summary. The transfer of acceptance endorsement is an important act of negotiable instrument, which involves the transfer of negotiable instrument rights and the assumption of responsibility. When carrying out the transfer of acceptance endorsement, it is necessary to comply with the provisions of relevant laws and regulations and the requirements of the contract to ensure the legality and validity of the transfer.
At the same time, it is also necessary to pay attention to prevent possible risks and problems, take necessary risk prevention measures, and protect their own rights and interests. If you encounter any questions or concerns, it is advisable to consult a professional lawyer or bank staff for accurate legal advice and assistance.