Again, a reminder
A ticket that is "guaranteed to be signed" must not be signed! Once signed, it becomes a guarantor and a debtor!!
As early as a year ago, the bill scam of "guaranteed to be signed" appeared in the bill market, and individual enterprises were not familiar with the rules of bill circulation business, and suffered from fraud by criminals, resulting in loss of interests.
What exactly is this so-called "guaranteed delivery" and what is its business operation process?
Analysis of the operation process of "guarantee to be signed".
First of all, we set the face and endorsement enterprises by letter. We call the drawer of the face A and the payee of the face of the ticket B, the first endorsee (first assignee) on the back side as C, the second endorsee on the back (the second assignee) as D, and so on. For guarantors, we call them "A".
The whole process of circulation of bills
To put it simply, the seemingly flow path of the entire bill on the surface is: A→ B→C (in fact, there is no C), where A→B are the delivery of the bill, B→C is the endorsement and transfer action, and C in the whole business is the final "funder of the purchase of the note".
However, the actual circulation of the bill is not B→C (endorsement transfer), but A→A (guarantee application endorsement), A → (after A signs the "guarantee sign", the ticket actually returns to A's library), A's online banking system does the "guarantee endorsement sign" action after swiping the ticket in the "guarantee module" (note that it is not the "endorsement transfer module"). This "A" is actually the ultimate "funder who buys the notes". There is no involvement of C (the first endorser) in the whole flow of the bill, and the whole process of the bill has not even reached B. The designer of the entire business process (the criminal) mainly wants to create the illusion that "A" mistakenly thinks that he is "C", because "A" does get the ticket in the online banking system and "sign" (this signature is not the other sign, and the definition of signature is explained below). This is to take advantage of A's unfamiliarity with the bill business and bill system.
Let's compare the process of the "normal bank-to-bill issuance guarantee": A (ticket issuance registration→ A (guarantee), → A (application for acceptance), → bank (acceptance), → B (bill collection), → C (endorsement transfer)
In contrast, we can find that as a bank, the bill in this case did not even start to do the action of "bank commitment to pay", but only did the "ticket registration" (which can be understood as reporting its own bill issuance plan to the system), and this kind of bill can only be regarded as an "ordinary commercial bill" with the drawer himself as the payer at best, and it is not even a commercial acceptance bill, at most an IOU. Therefore, from the point of view of credit, this so-called "ticket" has not been successfully "born", and even credit has not yet been generated! Moreover, after the guarantee of "A", the bill has actually stopped circulating, and B cannot actually hold the bill, and B can only query the initial information of this ticket from the "ticket to be signed" module of the online banking.
The flow of funds throughout the business
The actual capital flow path of the entire bill is: "A→B" (bill transfer consideration, commonly speaking, it is the funds that need to be paid to buy this bill) + "A→A" (business commission). Among them, the part → B is the main capital flow, and the reason for the capital flow is that B has made a bill financing based on the bank acceptance bill to A; among them, the part → A is the secondary capital flow, and the reason for the capital flow is that A is the introducer of the whole business and collects the introduction fee.
Isn't it very strange that as the "drawer" and "payer after the maturity of the bill" of this business, it is the identity of the middleman. Generally speaking, of course, the bank is the first payer of the silver bill, but the bank has not made any action of "promising to pay" the bill, and the bank does not know that there is such a bill, and the bank cannot be the casher and will not bear the responsibility for cashing, both in fact and in law.
Next, let's take a look at if there is no third-party (bank) acceptor, then as a "bill of exchange" who has the responsibility to pay? A (drawer), but who is A in this business? Are we familiar with it? Why does he have the role of an introducer in the whole process? Is this A reliable? I think everyone here feels that it is not very certain to expect A to pay when due.
If the drawer does not pay, we can actually exercise the right of recourse and find B to pay. However, in the whole circulation of bills, is A the latter hand of B? Of course not, not only is it not the latter hand, but it is still the former hand. What does it mean? It means that after the bill expires, B still has the "right" to exercise the "right of recourse" against A and demand that A pay the face value.
Isn't it peculiar? As the "last" hand of the bill, he buys the bill and pays the consideration, but in the end he may become the final "payer" of the bill and be collected by others. What was originally a business of collecting money has become a business of paying money!
(1) A - the drawer of the ticket/suspected middleman/suspected fraudulent party
(2) B – Nominal payee/actual financier
(3) A - the first apparent endorsee/actual guarantor/actual funder/suspected deceived party
In case A accidentally buys the bill, the probability of being able to recover the bill after maturity can only be expressed in four words: resign to fate.
If this kind of case is really a premeditated fraud, the deception is that the funder does not understand the knowledge of the "guarantee" of the bill, and the deception is that the funder does not understand the "guarantee" section of the ECDS system.
Once the funder buys the note, it is likely that it will be discovered after a year, giving the fraudster enough time to move and hide. And B, most likely, is not enough to repay the financing due to poor management.
Over time, the targets of criminals' scams have changed. Originally, it was mainly to defraud the buyer of the bill ("A" in the text), but later found that it was more difficult to defraud the character of "A", so now it has begun to attack the "B" in the text. Generally speaking, it is difficult to issue bank bills in the bank (insufficient credit, insufficient margin, etc.), so criminals help B open bank as bait to defraud high handling fees and billing fees, generally about 20%, that is, criminals tell you that I will help you open 10 million silver bills, and you have to pay me 2 million handling fees. What is used here is the lack of understanding of the status of "ticket issuance registered".
Risk Warning of Shanghai Ticket Exchange
In view of the above situation, in order to protect the legitimate rights and interests of the parties to the bills, the Shanghai Bills Exchange hereby reminds the relevant risks:
1. Risk profile
Recently, the concept of "signing" for bills has appeared in the bill market, and the "bank acceptance" bills that have not yet been accepted are "sold" to enterprises by initiating a "guarantee application". Because the receiving enterprise did not carefully identify the type of application for prompt signing, it incurred financial losses and assumed the guarantee liability of the bill because of the provision of guarantees.
2. Preventive measures
All member units are requested to take effective measures to improve the risk awareness of corporate customers and prevent the risks of such bill business.
(1) Do a good job of business popularization and risk warning
In the design of the business rules of the electronic ticket system, in order to enhance the credit of the drawer, the bill that has completed the registration of the bill can be guaranteed before prompting the acceptor for acceptance. After the issuance guarantee is completed, the guarantor, as the joint debtor of the drawer, shall be jointly and severally liable to the bearer. Criminals take advantage of the fact that some enterprises do not fully understand the characteristics of the system and related rules to mislead enterprises into signing for bills.
All member units are requested to do a good job in popularizing the knowledge and publicity and training of the bill business of corporate customers. Inform enterprises of fraud methods in the market, improve their awareness of fraud prevention, and prevent damage to their interests.
(2) Guide enterprises to use the bill services of formal financial institutions
When handling business, all member units are requested to remind the financial personnel of the enterprise not to be greedy for small profits, and should guide them to handle the bill business in formal financial institutions, and not to invest in bills to obtain benefits through means such as bill intermediaries and private discounts.
(3) Optimize and improve the internal system
All member units are requested to improve the information display function of corporate online banking to ensure that the information display is complete and correct. According to the electronic commercial draft system message specification to accurately judge the current circulation status of the bill, and in the internal system and the customer interface of the online banking on whether the bill has been accepted, acceptor, acceptance date and other key information in a conspicuous way to the operator and corporate customers to fully display, to avoid misunderstanding caused by incomplete information display in a timely manner, resulting in unnecessary losses and economic disputes.
Risk control measures under the Negotiable Instruments Act
The Negotiable Instruments Act guarantees the relevant provisions
Section 4: Guarantees
Article 45 The guarantor may bear the guarantee liability for the debt of the bill of exchange.
(To put it simply, the guarantor is the back, and in the end you are likely to be the final payer of the bill, and the specific role refers to the "joint guarantee" that prevailed in the past few years, and the guarantor is not a person who makes money, but a person who loses money.) ）
The guarantor is a person other than the debtor of the bill of exchange.
Article 46 The guarantor must record the following matters on the bill of exchange or sticky note:
(1) The words "guarantee" are indicated;
(2) The name and address of the guarantor;
(3) the name of the guarantor;
(4) the date of the guarantee;
(5) The guarantor's signature and seal.
(This action is called "prompt guarantee to be signed" in the electric ticket, once signed, you are legally the guarantor, once in addition to the problem, you have to give the ticket person to wipe the buttocks)
Article 47 If the guarantor fails to record the preceding paragraph (3) on the bill of exchange or sticky bill, the acceptor shall be the guarantor of the accepted bill of exchange, and the drawer of the unaccepted bill of exchange shall be the guarantor. If the guarantor does not record the paragraph (4) of the preceding article on the bill of exchange or sticky bill, the date of issuance of the bill shall be the guarantee date.
Article 48 Guarantees shall not be conditional;
Article 49 The guarantor shall bear the guarantee liability for the rights of the holder of the bill of exchange who has legally obtained the bill of exchange. However, the debt of the guarantor is invalid due to the lack of items recorded in the bill of exchange.
Article 50 of the guaranteed bills of exchange, the guarantor and the guarantor shall be jointly and severally liable to the bearer. If the bill of exchange is not paid after it is due, the bearer has the right to request payment from the guarantor, and the guarantor shall pay in full.
(In this case, A/actual funder, once the bill is signed under the guarantee module, the actual holder of the bill may become B, and at that time, the creditor becomes the debtor, and the debtor becomes the creditor)
Article 51: Where there are two or more guarantors, the guarantors shall be jointly and severally liable.
The definition of signature in an electronic acceptance bill
The key to "signing" in daily life lies in the word "receiving", which means taking property rights and funds into the warehouse and putting them into storage; the "signing" in the electric ticket actually means "allowing" a request from the other party.
For example, in daily life, if you are given 100 yuan, you can use the word "sign" to mean that you will take the 100 yuan and put it in your pocket. But in the electric ticket, I inform you that you owe me 100 yuan, if you use "sign", then it means that you agree with the sentence that you owe me 100 yuan, then you do the action of "signing", in fact, it is confirmed that you owe me money, and you want to take out 100 yuan from your pocket.
Therefore, in the electronic ticket system, you must not click the "sign" button randomly, and you must see clearly what the module is under the "sign".
"Guaranteed Signature" – Liability (generally common in the ticketing process)
"Endorsement Transfer Signature" – Proceeds (most common)
"Pledge Signing" - Earnings (less common for ordinary businesses)
"Discount application signing" - income (only banks can perform this action, ordinary enterprises have no right)
Source: Deepin Digital
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