• BOOK REFERENCE
• promissory note

• The current state of the banking system and the prospects for development (on the basis of the region, place, country)
• Forecasting bankruptcies to banks and ways out of crises

Due to its peculiarities, the bill market can change the various functions of the economy - improve transactions in cash schemes, increase the liquidity of the banking system, and earn money for the real sector. In this manner, the promissory note is victorious and victorious not only for the first time for the delivery of products, but also for the process of crediting.

Promissory note - tse warehouse at the legally established form in a letter without a list of goiters for one person (bill issuer) to pay another person (bill holder) assigned to the bill of exchange sum.

In fact, a bill of exchange is worth a penny of trade, it is used to sign the function of the cost of payment and payment, and, according to the form of the letter, it is a valuable paper.

Pererahuemo bills of exchange:

• zasіb rozrahunku chi payment - a bill of exchange vinikaє z credit land, payment from the new obov'yazkov (for the mind of the financial reliability of the promissory note);
• zasіb izvennennya - bezpechuєtsya nayavnіstyu іndosamentu (which is more, then the bill is nadіynіshe, since all promissory notes bear solidarity with the payment of the new one);
• valuable papier, zgіdno z Civil Code and the Law on the transfer and promissory notes, can be victorious like a gate, be the subject of purchase / sale.

In the system of unprepared rozrahunkiv promissory notes, they replace the amount of real pennies and may have a low advantage over the banking position. Transfers of promissory notes to the zavlennni:

• bills of exchange are more mobile, part of their bills may be withdrawn by the holder of the bill before the term of redemption by the way, make the sale of chi;
• bill - effective zasib repayment of inter-borrowings between enterprises;
• bill yak abstract borgove goiter'yazannya pov'yazanі z please minds;
• a significant world satisfies the need of the state's turnover of liquid assets.

A bill of exchange is the transfer of a simple bill of exchange for a bill of exchange to one and the same sack to another. A promissory note, like a classic valuable paper, can be freely transferred from one individual to another. For this reason, the promissory note is a declaration about the withdrawal of a song sum of pennies without any minds from the side of the payer at the new one. Such a right, of course, can be transmitted quietly to other market minds.

Chinne bill of exchange legislation transfers the possibility of transferring a bill of exchange to another person for additional transfer writing (endowment).

An endorsement is a transferable written on bills of exchange, which means the insane order of the yogo kolishny vlasnik (vlasnik) to transfer all the rights of another to the new vlasnik (vlasnik). The transfer of a bill of exchange for endorsement means the transfer at once from the bill of exchange to another person and the right to withdraw from payment for this bill.

The holder of the bill of exchange on the return bill of exchange and the additional arkush (allonge) write the words: “pay the order” and “Pay for the melancholy” from the appointees of whom the payment is to be transferred.

Endorser - a person, for the purpose of retaliation, a promissory note is transferred.

Endorser - a person who transfers a bill of exchange by endorsement.

Oskіlki goitre, which is at the bill, є is not slandered by anything, those endorsements can be just the same.

Private endorsement is not allowed, so that the transfer of a part of the sumi of the bill. The endorser with a handwritten signature is writing a handwritten letter, which creaks with his signet. Vіdpovіdaє for acceptance and payment for a transferable bill of exchange and payment for a promissory note. However, you can charge yourself a fee for acceptance and payment, which means “no turnover on me”. And here the wines are included in the lance of the goiters for the bill of exchange, which led to the fall of the liquidity of the bill.

The bill of exchange may turn off the possibility of further transfer of the bill, by including the words “not to order” before the text of the bill. And here the promissory note is, it is possible to transfer less from the view of the contract of purchase and sale.

You can also see endorsements:

• іmenny, which should be named the endorser, signature and signet of the endorser and clearly fixing to whom to transfer the right of power to the bill;
• blank - there is no name for the endorsement and such a bill is pre-Yavnitsky. The endorser can independently enter the name of a new bill holder or transfer the bill without making more than a daily note. The blank endorsement is changed to the name of the bill holder entered into the text of the endorsement, which is to be applied at the current term of payment;
• іnkаsovy - tse transferring wrote on the merit of the song bank, scho uovnovazhuє remaining otrimati payment for the bill. Such an endorsement may look like: “for collection” and gives the bank the right to present a bill of exchange before acceptance or payment;
• zastavny viroblyaetsya at times, if the holder of the bill transfers the bill to the creditor at the outpost of a well-known loan. Sound such a bill accompanied by guards: "currency at the outpost" with another equivalent phrase. A forced endorsement does not give the right of power to the endorser to the bill.

Tsesiya - tse handover wrote on a nominal paper about the transfer of the rights of power to a new one.

The main differences between the two forms of the transfer letter are as follows:

• cesiya - tse bilateral agreement, and іndosament - tse unilateral mandate of the bill holder;
• at the tsess, the seller of valuable papers waives only the validity of the main rights, and chi does not їх zdijsnennіst, and with the endorsement of the bill of exchange, vodpovidaє those and other;
• tsesiya - tse immenna transfer, and the endorsement can be pre-yavnitsky;
• The cession can be drawn up as a letter on the national paper, and a purchase and sale agreement, and the endorsement is issued only as a letter on the bills of exchange (otherwise, an allonge to the additional arkush).

Problems of winning promissory notes from Russia:

• in times of damage to the proportionality of the state's turnover, the exchange of real commercial credit (overpayment); can vikoristovuvatisya as a service tool for "gray" and "black" turnover;
• in times of the mass character of non-payments through marriage, or in the case of undertakings of power werewolves, they replace "live" pennies;
• the folding nature of the assessment of reality, please, issued by a bill (fictitious bills), and, hence, the promissory rate of the payer for the bill will generate a significant amount of unsecured bills;
• There is a great deal in the use of financial bills, which is not blamed on the real consumption of trade and industrial turnover, but on the consumption of mobilization of financial resources for financial markets;
• substitution of bills of exchange with the method of attaching a surplus to a deposit, due to the lack of tax legislation and the issuance of a bill to the category of securities.

In such a manner, in order to create a civilized bill of exchange turnover, it is necessary to teach fakhivtsiv to beginners how to work with bills. You can create a bill of exchange to save money in order to prevent bankruptcy in the general sector of the economy, and on the other hand, you can change the owner of the government's subject without interruption by buying up yoga borg through bills.

List of references

1. Bill of exchange Electronic resource]: Access mode URL: http://www.grandars.ru/finansy/veksel.html (Date of completion 12/14/2016)
2. Nepso, D.G. Problems of bill payment to Russia [Text] / D.G. Nepso// In the collection: current problems and trends in the development of the economy and management in the XXI century Collection of materials of the VIII-ї international scientific and practical conference. Відп. ed. EAT. Mosolov. - 2015. - S. 67-74.
3. Paderina, I.A., Shirshikova, L.A. Peculiarities of the issue of bills of exchange on the domestic market [Text] / I.A. Paderina, L.A. Shirshikova // Economics and business. The look of the youth. - 2015. - No. 1. - S. 58-60.

INSTITUTE YOUTH

Department of economics of tourism

course work

Promissory notes on crediting: smist and Russian practice of stosuvannya in credit institutions.

Vikonala: 3rd year student

faculty of economics and

management group M-302

Yaroshenko G.L.

Science clerk: Associate Professor

Semenov N.F.

Moscow, 1998

Chapter I

Zagalni vіdomosti about promissory notes.

1. Promissory note as a credit-rozrahunkovy instrument.

A promissory note, like an instrument of credit-rozrahunkovyh vіdnosin, becoming the result of a rich development of a penny-commodity state.

This appearance was due to the need to transfer pennies from one month to another country, as well as when exchanging coins, which may be used for water money, to the currency of a foreign state.

This gave rise to impersonal difficulties: we plundered the risk, we fenced in the countryside, the stench was minted, it was simply physical difficulties in the transition because of the bulkiness of the coins.

As a way out of the camp, a favor appeared, connected with the transfer and exchange of pennies, and what was the sum of pennies brought to the singer in one place for the rest of the money to pay the same amount in another month with a coin, tobto. bill of exchange (from the English Wechel - change, change).

The practice of bankers, minus middle Italy, served as a postal service to the development of bills of exchange. A merchant, virushayuchi at fairs and not risking taking with him a large sum of prepared pennies, going to his banker, depositing pennies and otrimuvav in the banker's banker's list in the mist of confession about the swindler of an equivalent sum.

This is how the three participants of the Excellence show are:

1) remittent (bill holder) - the owner of the bill, who has the right to pay for the bill.

2) a drawer (a bill issuer) - a person who saw an exel.

3) trasat (payer).

The setting of these three parties was formed by a document (draft), which served, from one side, to the remembrancer’s individual, as an individual, to whom in the singing place the payment is due, and from the other side - to prove his rights.

Having accepted the bill before payment and pretending to be an acceptor, the spender becomes the head borzhnik for the bill.

At the process of signing the promissory note is transferred from one vlasnik to the next for additional transfer writing (endowment). The leather endorser, just like the remittent, bears the responsibility for acceptance and payment for the bill.

The bill of exchange is due to the payer, the drawer and the endorser can be additionally guaranteed additionally, or a part of the sum for the help of the aval - a bill of exchange guarantee (French - avail), by virtue of some person (avalent), as she charged it, accepting a part of the allowance for the vikonannya s goiter for a bill.

For additional bills, as a rozrahunkovo-credit instrument, it is possible to extinguish mutual debtors and creditors on the basis of the debtor's account, exchange negotiable money, secure a vicarious loan, etc.

The promissory note, being the subject of a loan in a commodity form, will increase the turnover, change the consumption in credit resources and pennies in general, allowing the state subjects to win pennies for the purposes of power.

2. The essence of the bill as a financial instrument.

The bill has two main functions: credit and rozrakhunkov.

Let's take a look at the function of the bill of exchange. As a matter of fact, allowing the bank loan to be repaid, issuing bills of exchange, the bill is acting as a loan of repayment, tobto.

We posterigaemo evolution: pennies partially replaced barter, in-kind exchange, made the sale in the act of purchase, - a bill of exchange partially replaced the pennies, paid the payment in the act of withdrawing pennies.

Another function of the pennies is to protrude into the world of vartos. Suspіlstvo vvazha sruchny vikoristannya penny unity as a scale for the equalization of the worth of good resources.

Tse may be obvious. For the penniless system, we need to determine the price of a skin product through other products.

In addition, at the skin edge, your vartost’s sunset will begin to sound. The United States has a dollar for the world, the mark for Germany, the ruble for Russia. The promissory note does not help only to carry out the repayment, but also to exchange pennies. Zasіb exchange - the most recent function of a bill. The Radish of Vlasny Buv of the Peoples in the Far Middle Italy.

The promissory note was a sheet, with a bill about the exchange of a bill (given in one country and backed by one currency) for pennies (in another country and in another currency).

The function of pennies is coming - pennies like zasib accumulated, which saves after the sale of goods and services, and secures the purchase of goods and services in the future. The promissory note will perform its function. ale priyat їх multiplier.

In such a rank, it appears that the bill of exchange wins all the functions of pennies, being before that the payment of those goiters.

Vekselna Poorzhenniy Pіddvdzhuzuza Vektimniki Anglia Banknotes: on P'yatifuntovіyki Kovuri KRAI of the portrait of the Anglіyski Queen m_stiyanka Vіd Pershio Oblosti Splotiti Support Tsієї Vimogi (BUT) SUMU (in Gold Ekvіvalentі) at 5 pounds sterlіngiv і at 5 pounds Sterlіngіv. In fact, in all civilized countries, at the first issue of paper pennies, and to this day, stench is regulated by bill laws.

In English pounds, a classic bill of exchange scheme is visible:

Drawer (Keruyucha English Queen);

Vekseleutrimuvach (banknote holder);

Payer (English bank);

such a security of paper pennies to rob them with an extra payment, which is confirmed by the authority of the queen and the platospromozhnistyu (assets) of the English bank.

Otzhe, the promissory note acts like a penny, helping to make a payment, and at the same time paying taxes. On the basis of bill turnover, credit pennies are blamed, which are issued by the bank - emissaries are supported by this authority.

Pennies can be worked out. And with the help of the rozrahunka, with the world of vartosti and with the help of the savings, the promissory note is successfully issued.

3. Classification of bills.

lasswexels to finish the bagatobrazny, stench vіdrіznyayutsya for the emitter, serving the land and the subject, scho otrimuєєtsya payment.

For the sign of the issuer distinguish:

Treasury bills - short-term borrowings, which are issued by the order of the country through the intermediary of the Central Bank with the term of redemption, as a rule, within 90 to 180 days;

Private bills - issued by corporations, financial groups, commercial banks.

A bill of exchange can serve the daily finances and goods. A financial bill of exchange reflects the position of the issuer of the bill of exchange of the holder of a bill of exchange. For the additional help of a financial bill, the creditor is charged, the grants are repaid to the budget, the budgetary finance is withdrawn, wages are paid, currency exchange, etc.

Different types of this financial bill є:

A friendly bill - it seems to be a special one without a name of a bill issuer to carry out a new payment, but rather with a request for a penny koshtiv way of the mutual appearance of these bills in a bank. Sound friendly promissory notes (at equal sums, terms) to exchange two real individuals, who are exchanged with trusted banknotes, in order to later pay the bank outpost in the bank, taking away the payment of the new real penny, or for paying the comrade.

A bronze bill is a bill of exchange, for which there is no real pleasing, there is no real financial situation, with which one person would like to take a fate in pleasing є vigadanim. The meta of such a promissory note is to withdraw money from a new penny in a bank, or to win for redemption of banks for real commodity lands or financial goiters.

Bronze and friendly promissory notes are blamed for the insecure financial position of the "creditor" or for the Shakhrai operation carried out by him. Such excels falsify a penny turnover, provoking taxes on non-payments.

In the basis of a bill of exchange lie the favor of buying and selling.

A simple transferable bill.

In this hour, the countries-participants of the Geneva bill convention of 1930 (including Russia as the legal defender of the SRSR) will stop on their territories "a uniform bill of exchange law". Tsey law transfers two kinds of bills: simple and perekazny.

A simple promissory note is a letter document, which is easy to avenge and nothing to pay the sum of pennies to the sing term and in the sing place to the holder of the bill, or at the order of another person. Two individuals take part in a simple bill of exchange on the cob: 2) a bill holder, who has the right to withdraw payment on a bill.

A transferable bill is a written document containing an unconditional order of the drawer to the payer to pay a certain amount of money at a certain time and in a certain place to the holder of the bill or by his order to another person. transferring payment to the payer; 2) a bill of exchange that has the right to withdraw payment from the drawee; 3) a trasat, which is a payer for a bill.

In practice, the transfer is given to a bill of exchange, so if there are two signatures on the new bank - the drawer and the drawer (acceptor) - the guarantee of payment on the bill is advanced, and the remaining creditor may add a lower stage of the risk of the operation. In this rank, most of the appearances are transferred.

The promissory notes are subject to two functions - credit and rozrahunkovo.

As a rozrahunkovy tool, the zavdyaks of authority in dosuvannya, a bill of exchange can serve as a payment security, replacing the preparation of pennies in payments.

Scho susuєtsya credit funktії, then zvichayny bulo issuance of a commodity loan by a forward bill of exchange of the offensive scheme: the supplier of goods (a bill holder of a credit bill) at once with the laying of the bill of exchange for the purchase of zaznachennyam himself, as an order to pay for the bill (mandate of the bill holder).

The buyer after the acceptance of the bill becomes the main borrower for the new (acceptant), the holder of the bill in this case becomes creditors and becomes the holder of the bill.

In this rank, the loan is issued for the support of the "unified loan agreement" - bills.

The holder of the bill can withdraw the bill from his authority, at the present term of payment, present it to the borrower for redemption, he can pay with the bill for a new product, which he buys himself, or resell the bill, like a valuable paper, to an attacking creditor.

Returning bills of exchange can be spilni draw, so it is its own peculiarities, which revitalize other types of valuable papers.

Zagalne - those that are so self-like, like bonds, deposit certificates and other paper prices on the bearer, the bill on the bearer is charged with a way of simple delivery to the new vlasnik (bill issuer).

Scheductivities є TE, Scho on Vіdmin Vіd Aktsіyu Ta Oblіgatsіy, Yaki Transfer to the shy of Kompaniya-Salі-selling z's on the obuchki zmіnu zi list of Acroserіv, Abo Majut Sartifіkatіv, Yaki Transferred to the Shuzynnya Zesії --ї - two-sided Acts Vimoga, a bill of schedule to the bank.

The endorsement is guilty but uninterrupted, we forgive and we are not deluded by anything.

Іsnuє kіlka vidіv іndosamentu:

1) A new endorsement - to transfer to the new vlasnik all the rights attached to the promissory note. The endorsement is the fault of but only a few.

2) Partial endorsement - to transfer to the new holder of the bill less than a part of the rights associated with the burexel. Private endorsement is not allowed.

3) A blank endorsement - do not avenge an individual's statement, for the sake of any vindication, or it is formed from the endorser's signature.

4) The same endorsement - to avenge the statement of an individual, on the merit of some kind of damage.

5) Non-negotiable endorsement - an agreement with the warning "without turnover", which means the validity of a bill of exchange on an unpaid and protested in a non-payment bill.

6) Negotiable endorsement - without the warning "without turnover".

7) Endorsement with security - an endorsement can be protected "for collection", "as trusted", "currency before handing over", that it is possible to carry out an operation for a bill of exchange on the bank account, "currency safe", "currency in the outpost", what can be done on uvazi outpost promissory notes.

Indosat can, in any case, indosuvat promissory note only in the order of assignment, tobto. with similar warnings.

8) Endorsement without clasps - do not avenge the most important clasps, which give the right to endorse a bill in a special order.

9) Assignee's endorsement - zdіysnyuvany z method transfer promissory note individuals, as for the authorization of the endorser carried out other transactions for the bill 1 .

4. Redemption of a bill.

The term voxeletrimac is guilty of extortion before payment. We can complete the payment, or often. Vіdmova in payment (or in acceptance) is guilty but publicly acknowledged, by means of an act of protest not in payment (or in non-acceptance). The protest is due to a thoroughly uplifted representative of the state according to the established form.

5. Form of bill.

A bill of exchange is a letter document. Shchob mother of legal force, wine is guilty of buti folds vіdpovіdno up to the sing rules.

Like a letter document, a bill of volody next to obov'yazkovyh requisites.

A promissory note may have the following details:

1) The name "Promissory note" was written by my own, as the document was folded.

_______________________________________________________________________

1 Mirkin. M. Tsіnі paper stock market. M. 1995

3) Statement of the payment term.

4) Statement of the payment date.

5) The name of the one to whom, or for the order of whom, the payment is due buti.

6) Statement of the date of the place where the bill was folded.

7) Signature of the bill issuer.

The scheme that shows the smist and ruh of a promissory note is coming:

A bill of exchange may have its own binding requisites:

1) The name "Promissory note", included in the text of the document, is related to my own, which is the document.

2) Just and nothing unreasonably goiter to pay the same amount.

3) Name of the one who is guilty of paying bills (payer).

4) Statement of the term of payment.

5) Statement of the payment date.

6) The name of the one to whom, or for the order of whom, the payment is to be made.

7) Statement of the date of the place where the bill was folded.

8) Signature of the issuer.

The scheme, which reflects the change and ruh of a bill of exchange, is offensive:

6. Payment of a promissory note.

Looking back at those that are one of the most advantageous sides of the bill and the security of payments, I would especially like to say about the payments for the bill.

The payment of a promissory note is subject to certainty, as if it were the very nature of the promissory note. The payment is due to a non-primary creditor, a promissory note holder, because if it is possible to issue a bill of exchange, only the remaining person is a full-fledged vlassnik of value, which is represented by a bill.

For the payment of the bill, the creditor is responsible for presenting the debt to the creditor at the introduction of the term, in such a rank, it is necessary to add a formal note about the payments, which means that the debtor will deliver the creditor the sum.

At the time of the absence of the barber at once, the payment, and so at the time of the impossibility of the barber at the given hour, the payment may be broken for a new simple person.

Non-payment for the presentation of a bill of exchange until the protest: non-presentation and due to the protest of the vede before the expenditure of the bill of force.

The drawer of the bill does not have the right to withdraw and pay privately for the bill in the interests of the second parties who support the bill, although, in principle, the bill is guilty of paying the full amount.

The normal process of the bill of exchange is completed with the payment of bills of exchange in terms of those who paid for the bill, the payer for himself in the form of a bill of exchange.

In the minds of mutual responsibility for the payment of a bill, one can be sure that the bill itself is those that are necessary for enterprises to ensure an uninterrupted process of production and payment for the delivered goods and services.

Payment of bills of exchange.

Banks often charge for the handing over of bill holders for the withdrawal of payments on bills of the term. Banks take responsibility for the presentation of bills of exchange at the terms of the payer and the payment of the payments due to them. As soon as the payment is due, the bill will turn to the borzhnik. However, the bill is turned over to the creditor, without protest from non-payment. Otzhe, the bank reproached for the nasledki, scho blamed for the inadmissibility of the protest.

By way of these operations, banks can charge significant fees on their accounts and deduct them from cost-free transactions. At the same time, the stench is to finish the surcharges, to that for the collections, a heavy payment is charged.

The stench of the promises for the client, the banks of the banks, in exchange for each other, can win over the client’s hand more quickly and cheaper, the client is also called upon the need to follow the lines of the presentation of the excels before the payment, which meant a significant difference to the bank

Domicile bills.

Banks can, at the request of the client, make payments to promissory notes in the terms of the term. Tsya operation

The domicile bill, the bank did not carry any evidence, because the client to pay the amount of the payment in advance. In a different case, the bank is allowed to make payments, and the bill is protested against the bill issuer in the first place.

Rozdil II

Russian practice of zastosuvannya promissory notes and promissory notes.

Bill transactions.

1. Operation on the form of bills.

The shape of the bills of exchange lies in the fact that the holder of the bill transfers (sells) the bill to the bank by endorsement before the current term of payment and takes the bill of exchange for the same amount for the payment (for the additional withdrawal) of the first bill in the sum, then the bill of exchange or the discount. In this rank, from positions. A commercial bank can be issued in the guise of bills of exchange of great shareholders of the bank, as well as clients, as they have seen earlier, for the return of such a bank, it is necessary to obtain the client's financial station. As a whole it is possible that the bank vrakhovuvatime bills of quiet customers, with some plans to expand spivpratsi. To this operation, banks give special significance. As a rule, managers of banks appoint directors of banks on the basis of this information, as a rule, in order to avenge the filed before the form in bank bills. Vіn vіdobrazhaє vіdnosinі, scho skolіlsya between the participants of the promissory note, as well as between the endorsers, the financial position and the credit promiscuity of which are analyzed first, the lower promissory note is accepted to the face. Particularly relatively considered is the power of the platospromozhnosti of the main borrowers for a bill of exchange (a bill issuer - for a promissory note and an acceptor or a drawer - for a negotiable bill).

You can consider the operation of repaying bills of exchange, as one of the forms of payment or repayment of a loan. And in that, and in another case, the bank performs the operation by repaying the bill, however, the payment credit is given to the drawer, the bill of which is presented to the face. The Rosrakhunkovy loan, given by a shlyah, the bills of exchange were paid off by a sackmaster, not a person to repay, as if he had taken it off, tobto. not a pozichalnik, but a person, goiter is tied for a bill - a bill giver or an acceptor.

A latizhny credit is issued by a bill of exchange only, if the client does not have enough money to pay the bill. In this case, the undertaking writes a promissory note in its name and transfers it to a commercial bank, and that one, in its own hands, repaid it for a discount.

Rozrahunkovy credit is issued by a promissory note todі, if pіdpriєmstvo sells a promissory note to the bank of a third individual, for example, taking it off as payment for the delivery of goods.

The efficiency of the operation of vrahuvavkselіv is going to be a high profit for the bank. Profitability is established by the bank along the way to the face value of the bill in two parts: the amount that is paid to the client, and the discount on the cost to the bank.

The discount rate (partial base 360 ​​days) in absolute value can be set using the formula:

de t - term until redemption of the bill, d - obl_kova (discount) rate, H - face value of the bill, D - discount on the cost of the bank 1 .

With razvitiemvekselnogorynka and sovershenstvovaniemtehniki provedeniyaoperatsii uchetavekseleytelskogokreditovaniya.Esli predpriyatiyunelzya osuschestvitpostavku svoeyproduktsii popredoplateili with oplatoynemedlennoposle delivery, and it vynuzhdenopredostavlyatkredit svoimpokupatelyami customers, then, of course, it neobhodimosdelat urgent fee, payment potrebovavv vekselya.Imeya vekselvmestoatelya, predpriyatiemozhet indossirovatego oplativim soor taken into account in the bank, otrimavshi natomіst discounted promissory note amount, or save and present before payment in the promissory term, withdraw the promissory note amount, and vіdsotki for the bill. However, for whom it is necessary for a mother to have a loan from a bank, which can be disposable or permanent. The operation of vrahuvav promissory notes by the bank is the basis of the promissory note holder's credit.

_________________________________________________________________________

1 Simenkova E.V. Operations with stage papers. 1997

In case of a bill-holder credit, the withdrawal of bills is forfeited, and in case of a pre-acquisition loan, the company forms its debtor's debt in bills, and then takes back the bill of exchange from its bank for a penny. Otherwise, apparently, promissory notes are available for the security of creditor debt, for the repayment of such a credit limit in the bank of the promissory note holder.

Rozrahunok bill sumi.

Vіddіl tsіnnih paperіv vroblya rahunok promissory sum on the date of accepting the bill of exchange in appearance.

For the form of bills, the bank collects oblіkovy vіdsotok, the rate of which is set by the bank itself. It should be noted that the bank establishes a cash interest on its own and may have the right to differentiate in terms of debt in terms of creditworthiness of the borrower.

In such a rank, at the formula for a discount discount, the possibility of scoring the bank is aggravated:

de B - sumaveksela; t-term for payment; C - oblіkova rate vіdsotka.

1.2. Bill of exchange.

The client’s bank account of sufficient funds for the payment of debts to the post-employees, and the tie-up of the cism, the timely failure of the negotiable funds, may be repaid for the withdrawal of the promissory note credit, zavdyaku:

zdіysnyuєtsya lending for the day of penny koshtіv, vykonuetsya classic function of lending. Bank zdіysnyuєte її, not vytrachayuchi vlasnі credit resources, to that scho give legal person a loan from looking at a set of bills for the total amount of the loan.

The loan can be withdrawn by bills of exchange with different payment terms for specific payment flows, with the change of the line of bills of exchange for a change in the bill of exchange rate for a bill of exchange loan.

In this manner, the operation can be carried out for the availability of available credit resources to the bank.

come out the surplus, which will ensure the high surplus of this operation. Surplus is available in the amount of 200 to 300 per hundred rubles, with reserving loans, regardless of those with a characteristic rice for a bill of exchange loan, a low per cent rate on a new one (4-5 and more than the difference in the rate of a sizable ruble loan). The average lending rate is set in the range of 20 to 60% of the regular deposits, mainly, in terms of the loan and the loan to the bank with the client.

The high profitability of this operation is due to the low cost of the operation. As a matter of fact, the stench is made up to the cost of issuing bills of exchange and the redemption of fees for the creation of obov'yazkovyh reserves, which are deposited in the bank of Russia.

When crediting with string bills, the date, for which the credit is closed, the interest rate is set at close to 35% of the regular. At a glance, if the global term for a loan is shifting the term for a bill of exchange, the increase in the interest rate will increase, leaving less than the rate of the primary loan. interest-free loan.

In case of crediting by non-terminated bills, the amount of money can be calculated, for example, in the following order: 35% of the regular one hour before the bill of exchange is paid off, plus the amount of delivery close to the refinancing rate of the Central Bank of Russia, from the moment the bill is paid off until the end of the loan. As a result, the total rate on the loan exceeded 35% and deposited in the term of the exchange rate, ale, not less, less than the rate of the standard ruble loan. For the first holder of a bill, the amount of such a loan is cumulative with a loan, taken by the bank, for example, as it was said above, 35% of the money and the sum of the discount, which is acceptable for the debtor, who is able to take the bill. If a bill is accepted at face value, that is. the setting is carried out at the expense of bills of exchange, then such crediting is more pleasant for the client.

1.3. Lending to the outpost of bills.

Lending to the outpost of bills of exchange is subject to certain specifics. The issuance of a position is carried out under the outpost of bills of exchange:

crediting pid solo promissory note

issuing a special pay-per-view account to the client, which is responsible for promissory notes

In case of a bill-holder credit, the creditor's debt is drawn up in bills of exchange. In case of a holder of a bill - a clerk of goods, a clerk of services, or else a person who is a creditor, may be able to take money in the bank of a bill maker-borzhnik for the account of a given loan. .

2. Risks during operations with beetroots.

Operations in the form of bills of exchange for banks in the significant world of risks. The risk of incursions is not only related to the financial position of the bill issuer, but also depends on a number of other factors.

Zocrema, posterіgaєtsya information closeness to the market. The main problem is related to the difficulty of accessing information about rebuying bills of exchange, issuance procedures, redemption, facts of spending or stealing bills, data, financial zvіtnostі promissory notes.

Participants in the market are still not able to take advantage of the globally accepted technology for performing operations. Tse pov'yazano z scho, scho vіdsutnіy unіfіkovaniya order issuance and repayment of promissory notes, reverification їх on the right, weary document turnover and the order of rozrahunkіv zdіysnenim favors on the secondary market.

Today is the day of the trading system, or the trading floor for transactions with bills is the main one. Please zdіysnyuyutsya with them on the unorganized non-exchange market. Procedures for laying down, making rozrachunkiv, transfer of borgo goiter are performed individually.

High and rizik Shahraystvo. Vіn pov'yazany s documentary form of the bill as a borgo tool and the possibility of transferring bills of exchange for a blank endorsement, which will help the mischief.

When working with bills of exchange, they blame different kolіzії for the okremi nutrition of criminal, hromada and bill of exchange law. For example, within the framework of criminal and civil law, the procedure for "arresting" penny koshtіv from secure payment or borgo's goiter, which is the subject of a dispute, acts in super-accuracy with the norms of bill of exchange law. Such a situation is not only risky for the bank's active operations, but also for passive ones - the acquisition of resources.

A significant contribution to the lowering of the risk level for operations with bills of exchange can be made by those accepted within the framework of the association of participants in the bill market (AUVER) of a single standard for disclosing information, issuing that redemption, as well as drafting excels, binding for the participants of the association.

Coming soon, perhaps, the organization of the bill of exchange trading platform in cancers of the association is to blame. Її creation to increase the liquidity of bills that are being turned around, to speed up trading operations, to reduce risks, to speed up spending for final participants, to bring the bill market up to the "clearness".

Possibly, the establishment of a trading system without the security of the depositary form of zdiisnyuvannyh pleas with bills and a guaranteed system of vikonannya. In this case, admission to participation in the auction cannot be free, you are liable to be stalely in the presence of the company's work on the bill market and the power platform.

One operation, which is to take off the development, is the valuation by commercial banks of bills of third-party bill makers. Most often in this role is the outpost of liquid material values. Todi equal risk for the bank is determined by the known mechanism for the transfer of the right to power or the implementation of the law.

The promissory note market in Russia is rather volatile, therefore, the operations of banks with promissory notes are highly dynamic. It is clear that portfolio operations on the bill market are gaining importance through a decrease in bill crediting obligations and a decrease in profitability in the region.

Promising is the direct orientation of banks to corporate clients, the development and implementation of various rozrahunkovyh schemes with victories like the best bills, which still go to the market of other borgo goiters.

Depending on the specific situation, the bank can take on a number of functions - from the development of the scheme to the implementation of commission transactions on behalf of the client, the implementation of the functions of the paying agent. With this bank, as an intermediary, a number of transfers can be made to other financial institutions that appear on the bill market. Nasampered, the stench fit in with more zhorstkom control over the financial camp from the side of the Central Bank of Russia, dosvidi work on the bill market, a wide number of contractors, information security and the visibility of financial resources.

3. A bill of exchange is the culmination of the non-payment problem.

The provision of general expenses and the means for rozrakhunkiv є one of the major problems of the current economic situation. It’s necessary to have a mother in the country, that you’ve seen the old rozrakhankovo-payment mechanism, that having awakened with such changes from the cob of the 30s of the rokiv and right up to the 90s, becoming in the minds, if the new rozrakhunkovy mechanism of the creation of both of them and not of the roaring rice will come to us. Yogo needs to be done again.

Having spent a cheap and affordable bank loan, the government, as a matter of course, went along the way of increasing commercial loans in the form of debt and creditor debt. The deputy of the lancer of rozrakhunkiv vinikla is an inert mass of non-payers.

The very fact of the great inert mass of accounts receivable and creditor congestion allows the growth of tricardinal vysnovki. First, in the people's state, there are resources, which can be realized for the singing minds of popovnit werewolves. In another way, it is necessary to revive the civilized form of such a mobilization - a bill and a bill of exchange. Zvіdsi sled i chetverty vysnovok - about the reorientation (if only private) of the emission policy of the Central Bank and the policy of refinancing for the reissuance of bills.

Іsnuє, although theoretically, the way to solve the problem of non-payments, the introduction of a commercial bill of exchange and a bill of exchange loan. Tse, persh for everything - a direct bank loan in negotiable coins. Prote banking (nezabezpecheniy) credit can not be accepted as a massive and systematic nature of the mind and the vitality of counterparties. Vіn rizikovaniya mozhe nadavatsya pіd vysokі vіdsotki, unacceptable for commodities robnikіv. Such a form of credit is suitable for the development of large seasonal reserves, but in other periods it will be necessary to increase the turnover and even more need for working capital.

For a direct bank loan, a bill of exchange loan will not require a special reduction in risk, a lower bank loan. On the vіdmіnu vіd debіtorskoї zaborgovannosti, promissory note credit does not affect the negotiable costs of creditors, but it is allowed to pay promissory notes with their postal workers.

Another alternative to the promissory note based on bills of exchange drawn up by business enterprises is a wide choice in the turnover of bills of banks. Bank bills of exchange need to be raised not only for bills of exchange of enterprises, which draw up a commodity please (commercial bills), but also for bills of exchange practice, so-called, financial bills. Ninіshnі bills of bankіv - tse form of private ї emіsії rozrakhunkov koshtіv, not secured by a specific favor for the sale of goods and services. As a matter of fact, right - tse quasi-pennies, private banknotes, which cannot be driven by the power of a legal payment fee, but to secure the goiter of a bank for exchange for banknotes of the Central Bank.

The stench does not mobilize the internal reserves of the state, but is a surrogate for a penny emise, a surrogate for direct bank lending. At the same time, emissary income goes to commercial banks. Just as the bills of business that change the mass of the cost of the economy of circulating costs, then the exchanges of banks expand the state of the state for the money of the capital inflows into the economy of private rozrachunkovyh koshtiv. The return of bills of exchange is duly paid from the bottom of the first gospodarsky lanes. The promissory note is responsible for mobilizing the internal resources of the state, for immobility, and not for representing a supplementary private emissary of banknotes and certificates for supplementing a penny emission to the Central Bank. Only in the meantime, before servicing the bill of exchange, the banking system can be connected. The head of the banks at this point is the non-issuance of bills of exchange of banks, and the form of bills of exchange of enterprises and in the case of a significant part of credit resources.

In connection with the increase in the deficit of pennies in the economy, to play a great role in the process of lending to the real sector at the current stage, bills of exchange were credited. From one side, vin yak and іnshі borgovі goitre, is nevertheless a quasi-pennies, and the bill of exchange is fully promoting the role of the aggregate of the penny mass M2 for the rahun of the increase in the amount of the penny voucher for the rahun of that, which is rich in fun, in fact, we eat the banking . At zvyazku z cym, whole natural introduction. On the other hand, the bill contributes to the development of new forms of pennies, generating new forms of transactions and transfers, often violating, in this way, the problem of the shortage of pennies in the economy and the problem of non-payments.

The bill crediting scheme is simple. If business is needed in additional negotiable coins, but through the temple of a great bank loan it is not possible to take it "live" a penny, it can go as far as bill crediting. After the termination of the term of the credit agreement under the first acceptance - the first bill holder repays the withdrawal earlier "live" a penny loan, paying a lot of money. The remaining slate of the bill of exchange presents it before the payment of the appointments of the term and the sum of the bill of exchange. The whole scheme of operations with credits for promissory notes is more elaborate.

The pre-stroke appearance of the bank's bills is, perhaps, the most active operation for the bank. This is due not only to the daily risk during the operations, but also to the clear order of the oblіkovogo discount without any intermediary income to the bank. The very possibility of the offensive pre-string look of the bills of exchange to serve as a serious incentive for the issuing commercial banks of bills of exchange.

The subject of other oblіkovyh operations are us before the bank bills. The fall in bill lending caused commercial banks to gain respect for corporate papers.

The Russian market of corporate bills was inspired by the majestic change, only a little bit more than a few can be brought to the current bills - insane borgo goiter.

The procedure for the circulation of other papers is not regulated by bills of exchange law, but by the internal provisions of other bills, which often do not transfer the redemption of bills of exchange in a penny form, but rather do not transfer the acceptance of bills of exchange until the redemption of the bill of exchange for the number of supremacy sheets or for the redemption.

With the help of such moments, banks buy for their own investment portfolio even more bonds around corporate bills, zocrema RAT "Gazprom", JSC "Almazy-Russia-Sakha", JSC "Sidanko".

When vikoristanny promissory note crediting is not vydbuvaetsya real payment of funds for the period of the position. In addition, the fact that bank bills of exchange are in circulation and as a subject of high-quality security when the bank issues any credit products - loans, guarantees, letters of credit, etc. Vstanovlyuyuchi dosit low rates for promissory notes, the bank additionally gets new customers.

Vigoda, yaku otrimuyuyut pіdpriєmstva vykoristannі promissory note credit.

The solution to the problem of the deficit of pennies in the economy, insanely, to ease the access of businesses to the withdrawal of credit "live" pennies, however, did not lead to a complete release of bills of exchange in the form of a dzherel of supplementary negotiable coins, bills of exchange legislation and unification of the pennies. І osskіlki Siturati, Shaho stuck in the Finansi Systems of the Republic of Foundation, Taka, Scho Tіlki credited to the real sector (Mova Ide about turning credit) Mozda serve Loomy Jerell Poliphennya Winning Provisitudes of Pіdprints Ta Servo-Komertsiyi Bankiv, bill of interest to Viktorovnya Buda W.Akh Klієnti.

The most important element of the infrastructure of the bill market is the mechanism of liquidity of this valuable paper in the legislative order. Even though there will be no vibrations and legislators, the bill holders in Russia will be stuck in the near future with the problem of mass non-payments for bills.

4. Analysis of beetroots.

4.1. Analysis of cash flow of financial bills.

A bill of exchange can be issued both at a discount and at a fixed rate of up to par at the time of redemption (a bill of exchange).

points of view of the calculation of the analysis in the first round, the bill is a discount paper, the income for which is the difference between the purchase price and the face value. Therefore, the profitability of such a bill is calculated similarly to the profitability of any goiter that is sold at discounts and redeemed at face value:

de t-numbers to maturity;

R - purchase variability;

N – face value;

K - exchange rate;

B - vikoristovuvan timchasov base;

As a rule, in operations with bills of exchange, vikoristovuyutsya zvichaynі vіdsotki (360/360).

The absolute discount to the discount bill S is equal to:

S=FV-PV=N-P=100-K. (2)

The slivexel is sold (purchased) before the redemption term, the income will be divided between the seller and the buyer with the adjustment of the market rate for the number of days that were lost before redemption:

de Y - market rate (rate of return on a purchase);

t - the number of days from the moment you meet until the redemption term;

Obviously, the income of the seller will be higher:

S prod \u003d S - S until, (4)

If a bill of exchange is paid at face value, then its income is charged at a flat rate of r. In this case, the promissory note is a valuable paper with a fixed income payment at the time of redemption.

_______________________________________________________

1 Lukasevich I.Ya. Analysis of financial operations. M.1995

With the improvement of the introduced value of the value r, the absolute amount of income for a bill of exchange can be assigned, like:

de r - the rate for the bill;

N – face value;

t - redemption term in days;

B - time base;

vydpovidno, river income repaid Y, calculated for simple vіdsotkami, will be more expensive:

Z (5) and (6) it is obvious that the current crop is placed at face value and the completion of the redemption of the surplus will be more than the rate assigned to the contract (then Y \u003d r).

The slivexel is sold (purchased) between the dates of issue and redemption, the absolute value of income S will be divided between sellers by the buyer at a reasonable rate up to the market rate (at the rate of return on the purchase) Y at the given moment and in proportion to the term of saving valuable paper from the leather side. Part of the income, due

de t 2 - the number of days from the moment of purchase until the promissory note is redeemed.

Obviously, the seller takes the value:

S prod \u003d S - S until (8)

Spіvvіdnoshennia (7) and (8) reflect the situation of the market price (so that the "fair" distribution of income at the vіdpovіdnostі with the market rate Y and proportionally to the term of saving paper on the skin side). Be-yaké v_dhilennya in that chi іnshiy bіk to cause redistribution of income at the expense of one of the participants please.

In addition, the value of the market rate Y, with any seller of paper taking away income, is due to satisfaction of nervousness:

de r - the rate for the bill;

Y - market rate;

t 1 - the number of days to maturity at the time of purchase;

t 2 - the number of days to maturity at the time of resale;

profitability of the operation will be equal:

de YTM - effective supply

4.2. Estimation of the value of financial bills.

The process of estimating the value of a bill of exchange issued at a discount is based on the assigned daily value of the elementary flow of payments according to the formula of simple income based on the required rate of return Y.

in the form of vicoristing, the formula for the flow rate (price) of a similar goiter looks like:

The nominal value of the discount bill is accepted for 100%, and the exchange rate is more expensive:

raszdil the current rate of interest bills. From the improvement of the accumulation at the time of the operation to income, the amount of goiter (P), the required rate of return Y can be deducted from the insurance:

de - t number of days until maturity.

When Y = r, the market rate of goiter at the time of release will be equal to the face value (then P = N). Clearly, if Y>r will be Р N).

In this manner, the market value of a bill of exchange for accrued income, which is determined by (14), may be considered at par. However, it is customary for exchange practice to quote from vіdsotkah to face value, tobto. for 100 units on the date please. At this rate, the income for goiter is shown to be okremo.

Ursova vartyst goiter Before, which is carried out on the stock exchange, it is shown as:

S 1 - the absolute value of income accumulated before the date of the settlement please.

its value S 1 can be found from offensive spіvvіdnoshennia:

de t 1 - number of days from the moment of release until the date please.

In this rank, the actual market value of the bill P may be so self-appointed as:

4.3. Analysis of vrahuvavekseliv.

In the form of a promissory note, it performs two functions: a commercial loan and a payment guarantee.

The absolute value of the discount is determined as the difference between the face value of the bill and the 1st daily rate at the time of the operation. At what discount rate is charged at the actual rate d, which is set by the bank:

de t-number of days until maturity;

d - bank rate;

P - the amount paid to the vlasnik at the time of the promissory note;

N – face value;

flow rate PV (price of goiter R) in the form of a bill according to the formula:

The essence of this method lies in the fact that hundreds of thousands of people get paid for the sum, that they pay in the end of the term of the operation. At what zastosovuetsya oblіkova rate d.

When discounted at the general rate, most often the vicorist base is 360/360 or 360/365. The vikoristovuvanu at which rate of reduction is called the antisipative rate of vіdsotkіv.

steam rate dinodi zastosovuetsya for building up for simple vіdsotkami. The need for such an increase in vinication when the contract is signed, for example, a bill of exchange.

A simple bill of exchange in the amount of 100,000 with payment in 90 days is to be secured in the bank 60 days before maturity. Oblikova bank rate of 15%. Calculate the amount of discounts on the cost to the bank and the sum, withdrawn by the holder of the bill.

Disc = (100000 * 60 * 0.15) / 360 = 2500;

Apparently, the bill of exchange takes the value of PV:

PV = 100000 - 2500 = 97500;

It is acceptable that in the analyzed butt, the vlasnik of the bill of exchange has violated the bill of exchange negligently after the withdrawal, todi:

Disc = (100000 * 90 * 0.15) / 360 = 3750;

PV = 100000 - 3750 = 96250;

As a result, at a constant value of the rate, the sooner the form of bills is carried out, the greater the discount on the cost of the bank and the lesser the amount of the vlasnik. Change your butt in this rank.

To what extent is the payment of the bill of exchange to be blamed, the post-employer, having carried out the operation, having taken away the goods from the general obyaz, as the bank’s oblikova rate is 15%?

It doesn’t matter to remember that here we can rightly return to the zavorotniy zavdannyam - it’s growing at a regular rate d. At any future, the value of FV (nominal value of the bill) is assigned to the formula (20):

Readings (purchases) by a bank of a promissory note from its own bank may be repaid (sold) to another bank. Purchase and sale of a bill of exchange in what way to deposit in
equal win rates:

de t 1 - the number of days to maturity at the time of purchase;

t 2 - the number of days to maturity at the time of resale;

P 1 - purchase price;

P2 - resale price;

d1 - obl_kova rate for the purchase;

d2 - oblikova rate when selling.

follows from the introduction of spіvvіdnoshenie, for the seller, the operation of reappearance will be profitable in that case, as such unevenness is won:

Deyakі vpadki commodity promissory notes can be issued at the most valuable paper with a fixed income, which is paid at a rate of r in terms of redemption.

4.1. Profitability analysis of financial bills.

4.2. Estimation of the value of financial bills.

4.3. Analysis of the form of bills.

Visnovok.

List of victorious literature.

List of victorious literature:

Bilyakov M.M. A bill as the most important payment bill. M.1992

Promissory notes of promissory note from Russia. M. 1994

Gritsun Yu.M. Problems of the deficit of pennies and the peculiarity of bill crediting. Finance No. 12, 1997

Drobishev Yu. A bill of exchange for commercial circulation. ECO #11, 1995

Lukasevich I.Ya. Analysis of financial operations. M.1998

Manevich V.Є., Perlamutrov V.L. Bill of exchange іekselniycredit. Finance №5, 1996

Meshkov. Modestly "enchantment" of bills and risk management. Economics of life №45, 1997

MirkinYa.M. Tsіnі paperi stock market. M. 1997

Semenkova E.V. Operations with valuable papers. М.1997

OdesV.I. Dosvid bill of exchange. Finance №6, 1996

TrintsA.G. Results of the implementation of the bill of exchange system in Russia. Finance No. 12, 1997

Finance. Groshovy obig. Credit. (Edited by Drobozina). 1997

Intro.

You will send me to the notary

І pay a bill; I look hot

If you do not pay me for sure,

Have such and such a day there sumi borg

Declared - a significant penalty.

W. Shakespeare "The Merchant of Venice"

Zhoden іz іnstrumentіv іnstrumentіv sushasnogo finansovogo riziku, krim, zvichayno, pennies themselves in all numerical manifestations of їх ekonomіchnih funktsіy, can't zvіvnyatis for its іstorієyu and meanings with sex. The very development of the promissory note led to cashless all penny repayments: redemption of penny metal - gold and silver, replacement of equivalent exchange turnover with paper symbols.

The craziness of the bill, like a borgo's goiter, the credibility and security of its contraction, served as the basis for the creation of other types of payments and repayments - banknotes, checks, letters of credit. Development of various instruments for the market of valuable papers - shares, bonds, certificates of deposit and others.

The bills were actively won and won in the international markets and domestic lands of the country.

In Russia, the draft of a bill, like other financial instruments, broke in 1917. But at the same time, the non-paid bill of remembrance is in its own right, but only about those who were ingloriously slandered in the 1930s. Ale transition of the "development of socialism" instilled before the renewal of the bill.

Born in 1993 -1994 A lot of commercial banks and financial and investment organizations voted on the volume of bills. The bills of these establishments took away the recognition in the form of a sufficient sum of money or a large sum of crediting and saving pennies. Russian commercial banks today are the largest and most important participants in bills of exchange operations, which act simultaneously as active operators in the bills of exchange market. Tsev significant step. Give greater control and regulation of bill transactions from the side of the Central Bank of Russia.

Banks tax not only a bill of exchange credit, but also organize the mutual appearance of bills of exchange. For the help of bills of exchange, shy away from trying to overcome non-payment of enterprises.

In these robots, the odds of zastosuvannya promissory notes operations are visible, as an exit from the crisis of non-payment and non-stay of negotiable coins. The method of this work is the deduction of the features of a bill of exchange and a bill of exchange loan. The manager of the work believes that the guessing problems can be solved for additional bill transactions.

In this hour, there is enough rich literature on the topic of understanding the concept of a bill and a bill of exchange credit.

On the bookshelf, dedicated to these topics, one can say unequivocally - maybe everyone can see the legal side of the bill and does not appear in a wide spectrum of the economic validity of the bill. Like a butt, you can bring next books:

one). Promissory note and promissory note in Russia. M.1994

2). Belyakov M.M. M.1992

3). Lukasevich I.Ya. Analysis of financial operations. M.1998

4). Mirkin Ya. M. Tsіnі paper stock market. M. 1997

5). Simenkov. B. Operations with valuable papers. 1997

6). Finance. Grosovy turnover. Credit. (Edited by Drobozino) M. 1997

All publications related to these topics are directed to the search for ways to solve the problem of non-payment.

Gritsun Yu.M. Problems of pennies deficit and peculiarities of promissory note lending (Financy №12, 1997)

Drobishev Y. Promissory note for commercial circulation (ECO No. 11, 1995)

Manevich V.Y., Perlamutrov V.L. Bill of exchange іekselniycredit. (Financy №5, 1996)

Meshkova Y. Modestly "charіvnіst" promissory notes and risk management. (Economics and life. No. 45, 1997)

Odessa V.I. Dosvіdekselnogoobіgu. (Financy No. 6, 1996)

Trinz A.G. Results of the implementation of the bill of exchange system in Russia. (Financy № 12 1997)

The relevance of these topics is endless. There are many ways of financial operations that have been invented for a long time, but not always victorious and put into practice to solve the most painful problems in the Russian economy.

Visnovok.

Otzhe, the bill - skladené for the form established by the law of the insanely borgo goiter, seen by one side (the drawer) of the other side (the holder of the bill); valuable papier. Razrіznyayut simple and bill of exchange. The stench vіdіznyayutsya tim, scho in the bill of exchange payer є the one who took on the goiter of the payment (the acceptor). The transfer from one vlasnik to another is regulated by an additional endorsement. І credit card, because at the big bidding line of payment for the preparation of the purchase accompanying the issuance of the bill. Bills of exchange are subdivided into financial, commodity, friendship and bronze. Everything was reported in the first chapter of this work.

The provision of a bill of exchange loan gives the opportunity to enterprises to pay for the delivery of goods and services at the same time as soon as possible to attend the service to the board. State transfer of negotiable coins, vyklikana for rising prices, non-payments, etc. The choice of a promissory note loan allows you to take undertakings at an acceptable interest rate (from 20 to 60% of the regular ones) on the payment amount for the loan with partners.

Advantages of excel loans:

the possibility of an accelerated payment for products or services - a daily break for an hour on an international bank pass;

the possibility of replenishing werewolf cats;

the total inclusion of extra bills for servicing promissory notes - vartist - in absolute terms, the percentage of extra bills for a promissory note loan is significantly lower than the official rate of the Central Bank of Russia;

the possibility of providing a loan with a package of bills.

A number of Russian banks are actively practicing promissory note transactions, looking at them as an effective way to get a better customer, which is in the minds of the liquidity crisis and the growing competition between banks and priority tasks.

In this rank, pіdіb'єmo pіdіb'єmo pіdbag danї robo. The promissory note is the theme of the debt, which has a great potential for further advances.

Looking at the vastness of the price, it is impossible for them to grasp all the nuances of the bill of exchange and the skin on the other side of the yogic side, for example, okremoї rozrobki, tk. The process of bills of exchange is being developed, enriched by the novelty of the methods of farming.

RYAZAN FILIA

CONTROL ROBOT

According to the course: "ROOK OF ZINNIH PAPERIV I BIRZHOVA RIGHT"

Subject: A bill of exchange and a bill of exchange.

Ryazan 2004

Historically, a bill of exchange is the first form of valuable papers in the state's life of the household. The promissory note has long been zastosovuvsya as a sruchny zasіb for issuing a rozrahunkovy vіdnosin, as a zasіb payment, and navіt like a withdrawal of a loan given by the seller to the purchase from the commodity form as a line of payment of pennies for the sale of goods. Therefore, the bill is a marketable instrument, which secures the vicination of the goiter and the return of the borg.

On the back of the head, the participants in the bill transactions were trustworthy, but in an hour they grew into the nature of legal goiters. With the development and consolidation of commodity-penny vіdnosin, the promissory note is progressively converted to a universal credit-rozrahunkovy instrument, for the help of which various credit vіdnosini are drawn up: vіn vykonuє the function of credit pennies, payment fees, the object of laying vіznі vіdnosiny (purchase) ). d.).

Russia has a bill of exchange vinik zavdyaki to trade money with German merchants, for example, the 17th century. in the form of a perekazny chi position sheet. At the Tsar's vanguard of Peter I, the victors were already more victorious, as if they had transferred pennies from one month to the next for the morning army.

The peculiarity of the domestic Russian bill of exchange turnover was the re-importance of promissory notes with a small number of transfer notes, which is the background, that the bill is more important than vikoristovuvavsya as a loan, but not an instrument of rozrakhunkiv.

In the period of "military communism" the bill of exchange was canceled and reborn only in the period of NEP. From the Statute of 1902, the “Regulations on promissory notes” were expanded on March 20, 1922. In 1922-1930, promissory notes (translations and promissory notes) were victorious as a reward for commercial credit in commodity form between sovereign, cooperative and private enterprises. Prote іz zaprovadzhennyam during the credit reform 1930-1932 years of direct banking lending promissory notes were canceled again.

Then a lot of ten bills of exchange were drawn up more than at the old trading grounds and more than an ear of the 90s, this financial instrument turned into a Russian government turnover.

The first riddle about promissory notes in Russia and in the Decree of the Central Exhibition Commission and SNIK SRSR “On the issue of ceremoniality of the regulation on a bill of exchange and a promissory note” dated 7 September 1937. The first test and the test of the comprehension of bills of exchange was drafted by the “Regulations on Paper Prices”, approved by the Decree of the Ministers of the SRSR No. 590 dated December 19, 1990. At clause 40 of the Regulations, it was stated that “a bill is a valuable papyr, which, when you see an insanely penny goiter, pay a bill of exchange under the present term to the full sum of the bill’s holder (bill holder).”

The date of the bill of exchange was formulated at Art. 35 Fundamentals of community legislation to the Union of the RSR and the republics. Apparently, up to the price of the statute, a valuable paper was recognized as a promissory note, which, due to the fact that there was no evidence of the goiter of the promissory note (promissory note) or the other payer assigned to the promissory note (promissory note), should be paid when the term of the holder of the promissory note was transferred to the holder of the promissory note (promissory note).

Mayzhe is also appointed, you can vesti zі st. 815 Central Committee of Ukraine. Tsya stattya transfer, scho in the case, if it is pleasing to the parties, the payer has seen the promissory note, that zasvіdchuє nіchi not obumovlene zobov'zannya promissory note (simple promissory note) or the other designated payer (promissory promissory note) sums, vis-à-vis the parties behind a bill of exchange are regulated by the law on a bill of exchange and a promissory note.

From the denomination, presented in the literature, one can name the denomination of a debit and promissory note, formulated by A.A. Vishnevsky: “A simple promissory note is not in any way bribed to pay a penny sum, it is issued clearly to the full extent of a promissory note”; “A bill of exchange (or a bill of exchange) dressed in a form of a bill of exchange is not in any way proposition to pay a penny sum.”

Vіdpovіdno to st.143 DK RF promissory note є tsnim paper. Tsіnniy papіr zavіdchuє mine's rights. A bill of exchange is a different type of borgo goitre, ..., giving an unrestricted right to pay the sum assigned to the bill of exchange after the completion of the term, which is the vin of signing. Tobto the bill zasvіdchuє the right of the holder of the bill to a penny sum assigned to the financial instrument.

The most important feature of valuable papers is the possibility of transfer to other persons. The bill of exchange should lie down to the order of order papers. Vіdpovіdno up to Art.146 of the DC of the Russian Federation, the warrant of a valuable papier is written on a single person, as it is possible to exercise the right to exercise the right as an independent person, and to recognize one's orders as another person. The transfer of a bill of exchange is carried out in a manner characteristic of all warrant papers, by way of a new transfer letter - an endorsement (clause 3, article 146 of the RF DC). The number of endorsements is not interchanged, so that a new bill of exchange can be transferred to a bill of exchange, then, a bill of exchange with a valuable paper, which can increase the power of turnover. Power is easily transferred from the hands of one vlasnik into the hands of another, which signifies a high value of bills in civil circulation. Not only is the power appointed to determine the value of valuable papers, usampered, promissory notes, in civil circulation. On the thought of M.M. The rights of the new slate holder of a bill, which, having added himself yogo sumly, for vartist, not to fall due to the rights of the front slate holder, not covered with vices, yakі can be attached to the rights of a single person, and to this, they are protected from the list of the borzhnik of the hundred and first creditor "

The promissory note is considered to be advanced by the supremacy. The endorser, that person, as if she made a forwarding letter, carried the voucher not only for the validity of the right, but also for the yogo zdijsnennya. In case of any vіdpovіdalnіst before the promissory note holder, all individuals must be carried, yakі have filed transmittal inscriptions, yakscho stinks did not break the special guard “without turnover on me”, yоusuvaє їх vіdpovіdіlnіst.

Tsіnniy papyr is guilty of folding in strictly prescribed by law forms and mati all necessary requisites. The form and details of bills of exchange are specified in the Regulations on Orders and Promissory Notes. Vіdsutnіst obov'yazkovyh requisites or the inconsistency of the valuable paper installed for her form of draft її worthlessness (clause 2, article 144 of the Central Committee of Ukraine).

Vymogi to the form of bills of exchange are treated with great severity, which in the literature took away the name "bill of exchange". “A defect in the form of a bill of exchange is burdensome for oneself without prior expulsion from the side of the court.” That bill will be worthless. In this manner, the presence of the document, whether it be some kind of binding promissory note requisites, adds to the power of the bill.

Identity of the public reliability of valuable papers. It manifests itself in the fact that the law is surrounded by a number of quiet feet, spiraling on like a borzhnik, I can have the right to act like a shoemaker, to lie on a new one. Vіdpovіdno up to paragraph 2 of article 147 of the DC of the Russian Federation, if you could not schodo valuable paper fenced, so that the borzhnik is not able to oskarzhit tsіnniy papyr іz psilannyam vіdsutnіst pіdstavi viknennya goiter chi yogo invalidity. There is a rule, that bills of exchange should be expressed in the principle of abstraction of bills of exchange: “do not take it to the point of respect, for some reason, if you see, or transfer a bill, so that the person wanted it, you saw it, or handed over the bill, pay the bill, or pay for the goods, etc. .P. ., i, later, that the impromptu buti were accepted to the point of respect, as if they were rebuffed against bills of exchange, those who did not really exist, the services of the comrades were truly taken away. It is allowed only to transfer from formal substations, zocrema, to apply for the passage of the term of filing a bill to vikonanny, or to transfer from the application for legal filing or falsification.

It is the main sign of a valuable paper in that for the implementation of the mine law, expressed in the document, by a binding mind, it is presented by a legitimate spy to a valuable paper. The waste of valuable papers is a drag at home, sound, the impossibility of realizing the rights enshrined in it. Prote, the promissory note belongs to the category of order papers, the renewal of the rights of those who have spent it, is ruled by the court (Article 148 of the RF DC).

Article 149 of the Central Committee of Ukraine confirms the possibility of using non-documentary forms of valuable papers. Mali place try to introduce into obіg non-documentary promissory notes (the Decree of the Federal Commission on Valued Papers and the Stock Market on February 21, 1996 was approved by the Regulations on the obіg of non-documentary promissory notes on the basis of the form of the rights of the Vlasniks), however, the establishment of non-documentary promissory notes about promissory notes and bills of exchange. Later, in accordance with the adoption of the Federal Law “On the transfer and promissory note”, a rule was established that such a promissory note (and promissory note) can only be folded on a paper nose (Article 4 of the Federal Law “On transfer and promissory note”).

Vіdpovіdno to st. 128 of the DC of the Russian Federation, the price of paper is considered to be civil rights and is reduced to the category of lane, so that stench can act as an independent object of civil law agreements on granting money, as well as a real market price. Yak rich promissory note can be freely traded in a different way, wrap yourself in an outpost.

The law imposes two types of bills: a simple bill (solo-bill) and an order (draft). For the first time, a bill of exchange is a simple borgo's receipt, which falls, for understanding the rules of folding, under the bill of exchange law, with its material and procedural features. And here the borzhnik-debtor himself is guilty of paying a penny. Respectfully, that promissory note sellers of one and the same promissory note can be a kilka.

At the time of a bill of exchange, the drawer (drawer) propagates the payment of the bill of exchange (payer) to the third person (drawer). The drawee bears any necessary obligations for the bill of exchange until acceptance (acceptance). After that, the acceptor becomes the main borzhnik, and the guarantee function is lost behind the drawer.

Submit for trasuvannya and non-acceptance of a bill of exchange zalishayutsya beyond the framework of bill of exchange law. Call the drawer of the bill to pay the bill of exchange, or just bring home with him. The transfer can be broken by the drawer and without intermediary wine. In this way, the trasant and trasat is the same person. Irrespective of those who are, in fact, a bill of exchange (vins are called transfer-simple) – we’ll forgive, formally vins can be classified as executory with usima legal sledkami.

The draft can be seen by oneself (in one individual, the drawer and remittent are included). This is how the promissory note is called by our command. Moreover, all three participants in the bill can be angry in one person. The forms of bills of exchange rarely seem to be of practical importance and goiter to their own adventures and the turbulent history of the bill and bill of exchange law. Significantly, as a draft of a significant world, it has spent its practical value on a parity with a promissory note. The difference between a promissory note and a bill of exchange manifests itself less at the moment of vindication, then it becomes purely formal, the credit-rozrahun’s function of the stench is the same, the stench is transferred in one order.

Krіm is a sign that vyplivayut іz the law, the promissory note is also classified according to the nature of the please that yogo gave rise to. Now let's take a look at the deaky terms, which often zastosovuyutsya shdo promissory notes. Promissory notes, which have a positive result, sound financial, and the results of real favor (supply of products and services) - commodity (commercial). The following signifies that the bill of exchange is not written, the commodity vіn chi financial (but one of the pardons of the Decree of the President of the Russian Federation No. 1662 dated July 19, 1993), the value of the bill is only one economic characteristic. In case of proper setting, make sure that the form and reshape of the bill of exchange serve as a superficial indicator of the consumption of the state’s liquidity (credit issue). If you are talking about a bank bill, you should call for a bill to be withdrawn, you know the bank (that the bank is the drawer of the bill). A bank promissory note may have a financial nature (for example, a bank having issued it as a deposit instrument, with a method of obtaining money) or a commodity one (at the time of a promissory note)

vomogi to the form of a bill of exchange are subjected to great strictness: the presence of a bill of exchange, whether there are any obov'yazkovyh sign, will allow for its bill of exchange force.

At the same time, the forms of bills of exchange were hung at various points of dawn. For example, in the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 28 April 1994, No. 36, there are those who, in the Regulations on Orders and Promissory Notes, are charged with a bill of exchange, but not the rule about this form. However, chapter 1 of the Regulations on rebate and promissory notes is called “On the folding of the form of a rebate bill”. They gave in the Decree to the Plenum of the Supreme Arbitration Court of the Russian Federation that a bill of exchange is one of the types of civil law interests. The form of such lands is yakraz i established by the blatant norms of civil legislation.

Vіdpovіdno to st. 1 Regulations on remandations and promissory notes A promissory note is liable for the following details:

1) the name "promissory note", included in the text of the document itself and expressed by my own, which document is stored;

2) it’s simple that nothing is fooled by the proposition to pay a penny sum;

3) name of the one who can pay (payer);

4) assigned line to the payment;

5) appointed month, in which may the payment be made;

6) the name of the one to whom, or at the order of whom, the payment can be made;

7) the appointed date and the month of the bills of exchange;

8) the signature of the person who saw the bill (bill issuer).

Vіdpovіdno to st. 75 Regulations on reprimands and promissory notes

1) the name "promissory note", included in the text itself and expressed by my own, which document is folded;

2) a simple and unwitting obіtsyanka to pay a single sum;

3) assigned line to the payment;

4) appointed month, in which may the payment be made;

5) name of the person to whom, by order of whom, the payment is due buti;

6) the appointed date and the month of folding bills;

7) the signature of the person who saw the document (bill issuer).

Significant bills of exchange details are included in the elements of the form of a bill, which suits the eyes of lawyers. For example, L.G. Efimova vvazha, that “under the form of a bill, you should understand the expression of the bill goiter. Vіdpovіdno up to item 1 and item 75 Regulations on ordering and promissory note bills of exchange goiter are laid down for the help of a set of requisites of a strictly formalized nature. In this manner, the form of the bill is composed of requisites, and the requisite is an element of this form. These vysnovki are seen from the practice of the Supreme Arbitration Court of the Russian Federation. In view of the practice of arranging disputes related to victories of bills of exchange with the state's turnover, it is stated that the signature of an individual on bills of exchange, as a bill of exchange has been seen, is damaged by art. 1 Regulations on orders and promissory notes to avenge vimogi to the form of a bill of exchange goiter. Damage to the form of the mother of the place and at times, if the signing of the bill of exchange was done in a different, lower hand-handed way, for example, with an additional stamp.

The main vіdmіnіst vіdmіnіst vіdіvі vіdіv promissory notes polаgє v zmіsti promissory goiter. A promissory note has a simple proposition to pay a single sum, and in a simple bill, a proposition to pay a single sum is simple and not implied by anything. In the first case, the drawer must address the payer with the proposition to pay and, at the time of the remainder of the acceptance of the payment, in return. At another point, the issuer, obіtsyayuchi to pay, accepts wine goiter, for not knowing what kind of vіdpovіdaє.

At a thought low lawyers, a bill of exchange to avenge an order for payment. For example, A.A. Feldman knows that “a promissory note is an insanely worthless goiter, shards of the order to pay off may be obmezheniya minds.” From the look of the dignified legislation of Russia, the requisitioning bill is to revenge the proposition itself, but not the order to pay. It is confirmed by the abstract nature of the bill. Bo “yakbi perekazny promissory note having laid an order with oneself, yogo diysnist (authority to issue an order) would be small in lieu in view of the obviousness and action of substantiating the type of order.” Sound the propositions to pay and win the commanding way of the word "pay": "pay (pay) to such and such a person." The warning about the payment of such a person “or else to order” is acceptable, but not obligatory: you don’t add anything to the issuance of the bill. Truly blamed the power of the clouded wording of "goiter, I am obliged to pay the order of such and such." So, the maker of the bill, having advised the payment of the bill to the first one, asks for those who promised to pay it by order, and not directly to you. The formula “to pay the order of such and such” in practice is taken as the same phrase as the phrase “to pay such and such or such an order”.

The bills of exchange before the form of bills were introduced by the Decree of the Order of the Russian Federation on 26 September 1994 No. 1094 “On the registration of mutual fencing of enterprises and the organization of bills of a single note and the development of a bill of exchange”. By decree, a single line of blank bills of exchange was issued. Having appointed the Presidium of the Supreme Arbitration Court of the Russian Federation, the letters of the forms are not obligatory for the selection, but the Decree itself has a recommendatory character.

A bill of exchange is paid by a payer. The payer on the vіdmіnu promissory note is not related to the promissory note holder's goiter. Moreover, we don’t know clearly how we can pay the promissory note at the lines, so that it is not possible for him to know his expression on the promissory note and the very fact of being recognized by the payer may be unknown to you. If you want to call the drawer, having seen the bill of exchange, tell the payer about it in the notice (advice note), it may turn out that the payer leans in the unknown about the possible payment. When presenting the bill itself to the payer, the price of the shortfall is accepted, the payer will be informed about the possible payment (term, place, currency), which includes the lack of preparation before the transfer of pennies to the lines, especially as the payment and the cost of the payer are not avoided. As long as the payer does not show a letter on the bills of his debt to pay, do not goiter for the bill: you can pay, but for the goiter, at the very end of the bill of exchange. Shchob vyznachitisya s tim, chi payer to pay for the bill at the lines, vin is presented before acceptance.

The payer, who accepted the bill, is the acceptor, he takes on himself the goiter to pay the rebate bill at the lines (part 1 of article 28 of the Regulation on rebate and promissory note). Tobto acceptance - acceptance by the payer of the goiter to pay the promissory note.

For promissory notes, acceptance is impossible for the mother, there is no need to take off the goiter of the payer. A simple bill of exchange has a goiter on the back of a promissory note.

Not every transfer of a bill of exchange can be accepted. Y year. 2 tbsp. 22 Regulations on a bill of exchange and a promissory note have been established that the drawer of a bill of exchange can, when folding a bill of exchange, fence the presentation of the first acceptance, and the acceptance itself. From the first rule, blames are broken. It won't zastosovuєtsya until domіlіkovany promissory notes; up to bills of exchange, which are paid from third parties, as if they were rebuffed locality, yak i payer; to bills, which are paid off at the hour of presentation, shards with acceptance are tied on the cob to break the line of payment.

Substations of acceptance are called those conditions, through which the payer accepts (accepts) a bill. You can arrange to lie down with a bill of exchange and you can know your own signature near the text of the document. Submit an acceptance can be different. From them, two great groups are seen:
A) acceptance is made through those that the payer is guilty of paying the bill issuer on the rest of the goods, services, and so on;
B) acceptance is given for the sake of giving an acceptance credit.

At the first stage, as a rule, the buyer of goods and servants acts as a payman, the deputy works thinly. In other cases, the drawer draws bills, in which the bank is recognized as the payer, and they pay them to the co-workers and other creditors. The bank, which acts as a payer, confirms the authenticity of the bills with its acceptance letter. Therefore, in such cases, bills of exchange are released into circulation already accepted by the bank. There is no obligation to accept a bill of exchange from the payer, but in the contract, for example, the delivery of such obligations may be transferred. The text of the bills of the same riddles, that writing on the agreement is not allowed.

At st. 22 Regulations on repayment and promissory notes on the issuer of a bill of exchange are given the possibility of raising the obov'yazkovist to present before the acceptance of a bill of recognition or without recognition of the term. Vіdpovіdno to st. 53 Regulations on orders and promissory notes in cases of non-presentation before acceptance in the lines, swindling by the drawer, the holder of the bill is allowed the rights that he should lie down, which is blamed for non-payment and non-acceptance.

Possibility of intelligence obov'yazkovіst presentation prior to acceptance is given to the endorser, as if the issuer did not fence the acceptance (part 4 of article 22 of the Regulations on the transfer and promissory note). If it is worth not presenting before acceptance at once, reasoning by the endorser, then for the vindication of the holder of the rights of recourse, the less the endorser, who, having included before the endorsement of the mind the need to present before acceptance, may be charged for violation of the terms of presentation before acceptance.

Legislation does not establish strict rules regarding the application of the term of binding presentation before acceptance. On the basis of the definition of the payment term, this term can have meanings, for example, in such a way: “submit before acceptance no later than 20 April 2001”, “submit before acceptance of obov'yazkovo and only after 21 January 2001”.

A bill of exchange may be presented before acceptance by the holder of a bill, or simply put in a special way, like a bill of exchange. The payer, accepting the bill, goiter speaks to the holder of the bill, to whom he is special, as if obstructing his right to the order of paragraph 6 of Art. 1 chi h. 1 tbsp. 16 Provisions for a bill of exchange and a promissory note. It doesn’t matter to anyone who has technically, in essence, the responsibility for presenting a bill of exchange before acceptance.

If a bill of exchange has a term of binding presentation before acceptance, the bill is presented to the payer for acceptance with the adoption of this term. Those same can be seen before the presentation of bills, in which it is understood that presentation before acceptance cannot be before any term.

Zagalne rule Art. 21 Regulations on a bill of exchange and a promissory note confirm that a bill of exchange is presented for acceptance before the term of payment. The best moment. The most important moment, if acceptance is possible, is due to two conditions: 1) acceptance cannot be dated a day earlier, lower than the day the bill was folded; 2) the acceptance may be less effective than the formalized bill of exchange.

Bills in a line at the hour of presentation may be presented before acceptance by a stretch of one day from the day of their folding.

After presenting a bill of exchange for acceptance, the payer may have the right to vimagati, if the bill of exchange was presented to you suddenly the next day after the first presentation (Article 24 of the Regulations on Orders and Promissory Notes). Such a choice is not considered as a form of acceptance. This hour, the payer can win in order to signify becoming a vіdnosin with a drawer, founded on other favors, and also at a different time to lay down a viable agreement (for example, a position agreement or a loan agreement) with a promissory note.

Acceptance form. Write about the acceptance on the bill of exchange itself (Article 25 of the Regulations on the bill of exchange and the promissory note). The writing is made up of two parts: write about the year to pay the promissory note and the signature of the payer. The signature of the payer on the front side of the bill of exchange is subject to acceptance. Acceptance is expressed by the word "acceptances". The regulation on a bill of exchange and a promissory note allows you to win whether there is another word (but not viraz). Write about the acceptance with the signature of the payer. Yakscho payer - physical person, then enough of your signature. If a payer is a legal person, then it is necessary:

· Indicate the townsman's camp osіb, scho to sign the bill, їх ініціаль;

· mother of the signer of the chi іnshої novnovazhnoї individuals;

· Signature of the head accountant;

· Appearance of a friend.

Slid indicate that paragraph 3 of Art. 7 of the Federal Law "About accounting appearance" from 21 leaf fall 1996 to the rock expand on promissory notes goiter due to Art. 1 and 75 Provisions on rewriting and promissory notes: bills, signed or endorsed in the name of a legal entity, and without the signature of the head accountant, are not guilty of being folded or transferred with damage, they can be up to their original form or up to the form of an endorsement.

If the date of acceptance is important, the acceptance of the obligatory language is dated by the payer. It is necessary to pay bills of exchange at the hour of presentation and to these bills, de presentation to acceptance, be it a term. Vidsutnist date zasvіdchuєtsya at tsikh vipadki protest (part 2, article 25 of the Regulations on orders and promissory notes).

The acceptance is guilty, but we will forgive and we will not cheat on anything (Article 26 of the Regulations on orders and promissory notes). It is not allowed to ask for the acceptance (acceptance) of bills of exchange. For example, it is not respected, by acceptance he wrote "acceptances at the delivery desks for such an agreement."

Part 1 of Art. 26 Regulations on bills of exchange and promissory notes go about the possibility of private acceptance. The form of the private acceptance is, perhaps, the difference: “acceptance in the amount of 100 thousand. krb." (If the denomination of bills is 140 thousand krb.), “I will pay without money” (if the sum of bills is valid up to Art. 5 of the Regulations on the bill of exchange and promissory notes, money is paid), “acceptances in the sum of 100 thousand rubles. krb. and 50 thousand rubles” (if a bill has a different rate, for example, 70 rubles). In this manner, in case of partial acceptance, the payer is forced to accept the bill again and pay in due time only a part of the sumi, which is due to the holder of the bill.

Chastkovy acceptance zavіdchuetsya protest. A bill of exchange, which has taken a private acceptance, can:

· Create a protest against private non-acceptance and zdіysniti additional contraction of the non-acceptance sum of a bill of exchange for a bill of exchange;

· Create a protest against a private non-acceptance and transfer a private acceptance of a bill with an act of protest to another bill holder;

· Don't shy away from the protest, endorse the bill.

Vіdpovіdno to st. 69 Regulations on rebate and promissory notes at the time of changing the text of the rebate bill of individuals, if they put their signatures after the change, they must be confirmed until the change of the changed text. As appointed, more often, the acceptance of a bill of exchange may be endorsed by a vlasnik. And here is the endorsement, after the partial acceptance, vikonu guaranty function is less for the accepted part of the bill sum.

If the payer after accepting bills of exchange changes his writing of the term for the payment, such an acceptance of obmezheniya. Vіdpovіdno up to part 2 of article 26 of the Regulations on the transferable and promissory bills, whether it's a change in the Crimea, changing the entire bill of exchange sum, viroblen by acceptance of the bill of exchange, equally strong in acceptance, the prote acceptor of the bill of exchange in acceptance. In this way, as in writing about the acceptance of the payer, it is necessary to indicate a different term for the payment and (or) less than the due payment, the bill of exchange may file a protest against non-acceptance and vimagati for a pre-term payment against the issuer of the bill of exchange, endorsers and їх avalistiv.

Vіdpovіdno to st. 11 Regulations on a bill of exchange and a promissory note, whether it be a kind of a bill of exchange, to induce visions without a direct warning about an order, there may be transfers in sight of an endorsement.

The transfer of the bill can be blocked by the drawer, placing a warning “not to order” in the text of the document. Therefore, a similar security guard converts a negotiable document to a non-negotiable one. Such a document may be transferred by endorsement. A bill to avenge such an exchange is called a "recta-bill".

Vіdpovіdno to st. 15 Regulations on rebate and promissory notes and promissory notes-trimach, transferring a bill with an endorsement, may bring in a new endorsement. At the time of further transfer of such a bill, the endorser, who, having guarded the transfer of the bill, is excluded from the exceptions.

Endorsement - all special transfer writings that are affixed by the bill holder on the bills (or on the additional arch - allonge), for the help of which all rights for the bill are transferred to another person.

The transfer of a bill of exchange with additional endorsements is called an endorsement. The endorsement is expressed by the words: “pay the order of such a person” or “replace me to pay such a person.” A person who transfers a bill of exchange with an endorsement is called an endorser, but an endorser is not.

To produce an endorsement up to two legal consequences:

· The rights for the bill to pass from the endorser to the endorser;

· The endorser takes responsibility before the endorser (as well as the upcoming bill holders) for non-payment of the bill by the payer.

The goiter of an endorser is abstract, similar to the fact that a drawer accepts wine when issuing a bill. As a result of which endorser otrimu samostiyne right to wimogi for a bill, independently from his counterparts.

Against the back of a new bill holder, it is impossible to know that there is a hindrance that is connected with a defect in the rights of many holders of a bill of exchange, so that an endorsement for its legal credits can be equated to the type of a new bill.

The regulation on a bill of exchange and a promissory note could be reduced to a low level to form and replace an endorsement. The endorsement may be signed in the letter form. All elements of the endorsement can be created by a mechanical way, but the endorser is liable to sign the endorsement with his hand (Article 13 of the Regulations on the transfer and promissory note).

It is necessary to pay attention to the endorsement of the name of the new bill of exchange, the transfer notes to be divided into nominal and blank ones. The endorsement is due to the name of a new bill holder (indosate) and the endorser's signature. A blank endorsement is a transfer letter, as a way to avenge an individual’s statement, which is ruined to the core, or it is made up of one signature of the endorser (part 2, article 13 of the Regulation on transfers and a promissory note). Article 12 of the Regulations on re-ordering that a promissory note is allowed to be endorsed on the presenter, which may have the force of a blank. A promissory note with a transfer note on the presenter and with a blank endorsement can be transferred to other persons by simple delivery (clause 3, article 14 of the Regulations on transfers and a promissory note).

If a bill of exchange is withdrawn on a blank endorsement, then a bill of exchange can:

· Fill in the blank endorsement to your names or to the names of any other person;

· Indosuvati promissory note for additional blank or nominal endorsement;

· Transfer the promissory note to a third person without filling in the blank endorsement without giving a new endorsement.

Article 13 Regulations on rebate and a promissory note do not retaliate, in which the very same bill of exchange is guilty of breaking the endorsement. The practice went like a way to get endorsements on a bill of exchange. A special rule is to avoid only a blank endorsement: there may be writings on the back of a bill of exchange or on an additional arcuette.

The endorsement, which is christened, is considered to be unwritten (Article 16 of the Regulations on a bill of exchange and a promissory note).

The endorsement can be forgiven and not fooled by anything. A partial endorsement, that is, the transfer of more than a part of the bill of exchange, is not allowed (Article 12 of the Regulations on Orders and Promissory Notes).

Vіdpovіdno to st. 15 Provisions on reissuance and promissory notes, endorser for acceptance and payment. An endorser, like a drawer, vouching not only for the efficiency of the extortion that is being transferred, but also for the payment, that is for the actual zdiyasnyuvanist. Vіn can take such a vіdpovіdalnіst vіdpoіdalіnіst vіdpoіdalіnіnі way іn іndosamentаі vіdpovidnogo zarezhennіa.

The actual delivery of a bill to a new creditor (indosate) is a necessary element in the process of assigning a bill by endorsement. The assignment of a bill of exchange to the authority of a new creditor can only be considered complete, if after the endorsement the bill is actually transferred to the hands of a new creditor and is rebuked from another order. In such a rank, the handing over of the bill is a legal fact, which determines the moment of vindication of the right of authority to the bill of exchange to the endorsee.

In order to be respected by the last and without interruption, a number of endorsements are guilty of signing the first nabuvach or a bill issuer, as if rewriting a bill of visions for yogo’s sovereign mandate (a bill of “magisterial mandate”). The next endorsement is due to be signed to the name of that person, as the bula was assigned to the front endorsement.

After a blank endorsement, be it a person, like a bill of exchange, you can endorse it with a signature, without interrupting the sequence of the lancet, oskilka, zgidno z st. 16 Regulations on bills of exchange and promissory notes, it is important that the vlasnik has received a bill of exchange for a blank endorsement.

Article 18 of the Regulations on rebate and promissory note to avenge the rule on additional endorsement, which is to avenge the entrustment of the holder of the bill to another person on the introduction of other persons, necessary for the holder of the bill to exercise his rights. Tobto recognition of an additional endorsement for a vіdmіnu vіd simple.

The supplementary endorsement was conferred with the okremi of the position of the Central Committee of the Russian Federation. Vіdpovіdno up to Art. 146 of the DC of the Russian Federation, the endorsement may be obmezheniya or entrusted to zdіysnyuvaty rights, zavіdchenі tsіnny paper, without transferring these rights to the endorsee. In this way, the endorser acts as a representative. Such an endorser is not the holder of a bill. Vіn acts in the role of a trusted one and can zdіysnyuvaty all rights, yakі z promissory notes (remove payment, robiti protest that іnshih.).

Endorsements put on bills of exchange after the pre-delivery, maybe less than the pre-delivery. Individuals may notify the holder of a bill of exchange on the endorsement of a bill of exchange for a bill of exchange, as if it were presented to the holder of a bill of exchange (endorser) (year 2, article 18 of the Regulations on a bill of exchange and a promissory note). The trust, which is paid in an additional endorsement, is not attributed to the liquidation of a legal person - the trustee, death, or the present indebtedness of the trustee (part 3 of article 18 of the Regulation on orders and promissory notes).

An additional endorsement should be guarded "currency before withdrawal", "for collection", "I trust to accept" or similarly, that I can simply hand over to you.

Another type of endorsement is a front endorsement. By virtue of Article 19 of the Regulation on reprimands and a promissory note, as an endorsement to avenge the “currency for security”, “currency for the outpost”, or else be more careful that you can get out of the outpost, the bill of exchange can exercise all rights, so extort from the outpost promissory notes, but the provisions of the endorsement may be more effective as an additional endorsement. The guard is not guilty of avenging an invoice to help, who is protected by an outpost of bills.

Standing endorsement does not void the warranty function. The outward endorser bears the legal bill of exchange before the successors of the outpost endorser;

Acting lawyers claim that they are ungrounded firm, that with an outpost endorsement, the endorser becomes the holder of all rights for a bill of exchange, the crime of the right of yogo transfer to a full endorsement. E. Krasheninnikov appoints the holder of the right for a warrant bill, or else, as the bill creditor, the holder of the bill acts. at this time of the outpost, the promissory note will be sold to the power of the outpost endorser (outpost). This is due to the right to power over a bill of exchange, the right to collect a bill of exchange for a forced endorser. It is better for the endorsee to force the right to work with him as a bill creditor, to lose the right to exercise the rights of extortion for a bill, and to instill rights that blame the debtor of a bill lender for paying a bill.

Domicile is called recognition by a payer for a promissory note, whether it be a third person. The domicile of bills through the bank is charged for the settlement of the domicile agreement with the client, on the basis of which the bank is authorized, in the name of the client’s account, it is accepted before the payment of the bill of exchange, the bank pays for such appointments. The transfer of bills of exchange to the bank before payment is formalized by the act of acceptance and transfer of the inserted form with the attached bill of exchange. The distribution of commission wines and the bank is regulated by the minds of the domicile agreement.

Domiciliation zvіlnyaє vіd nebhіdnostі stegity terms of presentation of promissory notes before redemption, scho z pevnymi neruchnosti and costs.

The domicile is free for the holders of the bill, as it is territorially divided with the drawer; Vіdpovіdno before the domicile agreement, the promissory notes will be paid at all branches of the bank assigned to the domicile agreement.

The domicile of the bill, the bank bears any evidence, tk. the client to pay the amount of the payment in advance. Otherwise, the bank authorizes the payment, and the bill of exchange is protested against the issuer of the bill in the first place.

The contraction of the bill for a bill at the order of the order and the judicial system will be lost only after a protest. At times of non-payment of bills, the bill of exchange must be presented to the protester in case of acceptance of the bill. The legal meta to the protest is the preservation of the rights of the returnees who were able to goiter for a bill of exchange.

The right of a bill of exchange protest is exercised only if it was officially approved for payment, acceptance, dated acceptance, and the stench was taken away. It is necessary to indicate that the following conditions are considered non-acceptance:

· Vіdmova put an acceptance letter on the presented bill of exchange;

· Putting down the writing, which is not respected by the acceptance;

· Permanent stay of the payer in the area designated as the place of his rebuying (accommodation);

· Vіdsutnіst vіdsutnіst ії mіstsya zhiznannya аbo znahodzhennya (to vіdsutnіst sredneї ї addresses, eg, nemaє such ulitsi, budinka).

Justify such a protest (Article 44 of the Regulation on a bill of exchange and a promissory note):

· Protest of a bill of exchange in non-acceptance. Meta to the protest - the creation of the minds of the pre-linear satisfaction against the creditor;

· Protest against non-payment for a bill of exchange, as if for forgiveness, so let's change the bill.

Metoyu protest є zberezhennya rights zvorotnyh vimog to goiter'yazanih for a bill of exchange.

Vіdpovіdno to st. 95 Fundamentals of legislation on notaries, protests are filed by a notary. To file a protest with a bill of exchange or yogo, a person is obliged to present a bill of exchange at a notary office for the financial assistance of a payer or a bank (domilikovanny bill).

In case of protest in non-payment, the bill of exchange may be presented to the notary's office on the 12th anniversary of the date of the end of the date of payment. And if a bill of exchange was presented before acceptance on the last day of the line - no later than the 12th year of the coming next term of the day (part 1 of article 162 of the Instruction on the procedure for the introduction of notarial acts by the sovereign notary offices of the RRFSR dated September 06, 1987 No. 01 / 16-01).

A protest against non-payment of bills of exchange on the line upon presentation can be made by stretching the date of the first day of folding, but such a protest may be made at the line, inserted for presentation before acceptance (that is, by stretching one day from the date of folding the bill, as only by the drawer or by the endorser not installed other terms), but the coming day, as if there was little space on the rest of the day of this term.

A protest against non-payment of bills of exchange with the term of appointment day and hour of the day of storage and presentation can be made one out of two working days, as it follows the day when the bill is due for payment. Even though there is little room for filing a protest for non-acceptance, it is not necessary to file a protest for non-acceptance before payment.

In case of protest in non-acceptance, the bill may be presented by the extension of the term of presentation before acceptance. And if a bill is protested, which makes it possible to pay off the terms of the presentation of the terms, and if there is not enough space on the rest of the day before the presentation of such a bill, then the protest may be zdijsneniya and the coming day.

At the time of the omission of the designation of terms, the bill of exchange is forfeiting its rights against the endorsers, the issue of a bill of exchange and other claims on a new basis, for the acceptor's vinat (or the issue of a promissory note) and their guarantors (Article 53 of the Regulations on the issue of a promissory note and a promissory note).

If the drawer took from himself the waiver for acceptance, for example, the warning “without waiver for acceptance after such a date” (in the order of Article 9 of the Regulations on reprimands and a promissory note), then the drawer, having missed this term, is allowed to protest, in non-acceptance save a declaration about regressive help in case of non-payment.

The notary on the day of accepting the bill before the protest presents the payer or the domicile to the payment or acceptance of the bill. As soon as there will be a payment, the notary, not reluctant to protest, turn the bill of exchange to the payer with an inscription on the bill itself about the withdrawal of payment of those other outstanding sums. If the payer has informed about the acceptance on the pledging bill, the bill is turned over to the holder of the bill without protest (Part 2, Article 163 of the Instruction).

At the time of otrimannya the payer (domiciliant) pay or accept the bill of exchange, the notary warehouse draws up an act for a protest against non-payment or non-acceptance and make a note at the registry, as well as a note about the protest against non-payment or non-acceptance on bills of exchange (Article 164 of the Regulation). A protested bill is turned over to the holder of the bill or to the person who confirms it.

For a few working days that come after a day of protest, the promissory note is obliged to remind about his new endorser and promissory note.

Vіdpovіdno to the Law of the Russian Federation "On the State Mito" dated December 09, 1991 No. 2005-1 (with upcoming changes and additions) when the bills of exchange are discounted by the notary for protests against non-payment, non-acceptance and non-date acceptance are charged for non-payment of 100 sums.

It should be noted that the notary’s office, which, having allowed the violation of the act of protest against the bill of exchange at non-payment, is charged with a court of jurisdiction.

AT market system the gospodaryuvannya the very basis of the penny turnover is the circulation of bills of exchange. Banknotes, on the basis of which a bill of exchange is converted, come into effect only after its redemption. Horizontal links between undertakings are controlled by the acceptance of bills of exchange, and the state secures the insanity of a bill like a borgo goiter, the severity and security of a bill of exchange. I have a bill of exchange and redistribute the financial risks between the participants of commercial interests.

p align="justify"> A characteristic feature of the current financial system of Russia is a transitional nature, related to the transitional nature of the economy as a whole. Pennies in such a system are unique in the "service" of the directive-planned economy. The singing world of stench began to play the role of a wild equivalent, the role of a universal and high-quality resource that rightfully belongs to a normal economic system.

Having spent cheap and affordable bank loans, the government, as a matter of course, went on a path to increase commercial loans in the form of accounts receivable and creditor debt. However, this commercial credit, having closed in the state of the state of these forms, would have given it fragility, mobility, would have allowed timely free working capitals to move quickly from one state to another, to serve the state's turnover. The deputy of the clerk of rozrakhunkiv vinikla is an inert mass of non-payers.

The very fact of the majestic inert mass of accounts receivable and creditor fences allows three cardinal steps to be taken. First, in the people's state, there are resources, which can be realized, and for singing minds popovnit werewolves. In another way, it is necessary to revive the civilized form of such a mobilization - a bill of exchange is a bill of exchange. Thirdly, it is necessary to carry out a change in the credit policy, so that banking resources flow into the economy, funds, through the channels of the form and re-issuance of bills. Zvіdsi viplivaє i chetverty vysnovok - about the reorientation (even privately) of the issuing policy of the Central Bank and the policy of refinancing for the redistribution of bills.

Іsnuє, although theoretically, some way to solve the problem of non-payments, krim for the sale of commercial bills and promissory notes. Tse nasampered - a direct bank loan from werewolves. However, a bank (nezabezpecheniy) loan cannot be of a massive and systematic nature for the mind and capacity between counterparties. Vіn rizikovaniya i mozhe nadavatsya pіd vysokі vіdsotki, not priyatn_ merkovrobnikіv. A bank loan under the security of commodity-material values ​​wins out the volume of prices and improves the state's turnover. Such a form of credit is suitable for the development of large seasonal reserves, but in other periods it will increase the turnover and even more need for working capital.

A promissory note as a financial instrument plays an important role that is natural for a transitional economy. From one side, vin spryaє development of both new spheres of penny obіgu, and the old spheres there, de stinks were present, right in front of the bureaucratic chi natural form. The turnover of bills generates new forms of transactions and transfers, thus solving the problem of the deficit of pennies due to high inflation. Also, there is a frequent solution to the problem of non-payments.

For a direct bank loan, a bill of exchange loan will not require a special and less risky, lower bank loan. On the vіdmіnu vіd debіtorsk borgovanіst, promissory note credit pov'yazuє negotiable koshti lenders, bo allows them to pay promissory notes with their post-employees.

Another alternative to the bill of exchange based on bills of exchange drawn up by business enterprises is a wide variety of bank bills turnover. Promissory notes of banks are required to be waived as a form of bills of exchange of enterprises, as well as to draw up a commodity (commercial bills of exchange), and in the form of commercial bills of exchange, pro, commercial bills of exchange. Ninіshnі vekselі bankіv - tse form of private ї emіsії rozrakhunkovih koshtіv, not bezpechenih specific benefit from the sale of goods and services. In fact, these are quasi-pennies, private banknotes, which can be used by the power of a legal payment fee, but also to secure the goiter of a bank for exchange for banknotes to the Central Bank.

The bills of the banks are worth a huge penny, filling the gap of the penny issue to the Central Bank. The stench does not mobilize the internal reserves of the state, but is a substitute for a penny emise and a substitute for direct bank lending. Whose emissive income goes to commercial banks. Just as the bills of business, changing the mass of the needs of the economy of circulating assets, the bills of banks expand the circulating capital of the state with additional capital infusions to the economy of private rozrakhankovi koshtіv. The bills of exchange can be started from the bottom of the first gospodarsky lanok. The bill is responsible for mobilizing the internal resources of the state, giving it mobility, and not being an additional private issue of banknotes and certificates for an additional penny issue to the Central Bank. Only in the meantime, before servicing the bill of exchange, the banking system can be connected. The manager of banks in different countries is not the issuance of bills of exchange of banks, but the form of bills of exchange of enterprises, and in the case of a significant part of credit resources.

In connection with the severe deficit of pennies of the economy, to play a great role in the process of lending to the real sector at the stage of lending to bills of exchange. It should be noted that a bill of exchange as a financial instrument plays a double role in the current state of the Russian economy. From one side, vin yak and іnshi borgovі goitre, є all the same quasi-pennies, і bills turnover isttono promotes the role of the aggregate of the penny mass M2 for the rahun of the promotion of the penny voucher and for the rahun of that, which is actually amusing to the banking economy . At zv'yazku z tsim, tsіlkom naturally zaprovadzhennya Central Bank of the Russian Federation economic standard H13, meta yakogo - obmezhigi obsyagi issuance of bank bills. On the other hand, the bill contributes to the development of new forms of pennies, generating new forms of transactions and transfers, often violating in this way the problem of the deficit of pennies in the economy and the problem of non-payments. It is not surprising that a promissory note is immediately covered by one of the most widespread payment instruments on the financial market of Russia. A promissory note lending is one of the most widely held types of lending to corporate clients.

The scheme of promissory note crediting is idle. If enterprises require additional revolving funds, but through the temple of great bank credit, there is no possibility of taking it "alive" a penny, it can go as far as bill crediting. At the same time, the bank arranges an agreement with the client, as a kind of acceptance, as a loan, we take the pact of bills of exchange from the sum assigned to this agreement. As a rule, otrimani promissory notes are pributkovymi. They underwrite the responsibility of the post-employees and contractors. After the termination of the term of the credit agreement under the first acceptance - the first bills of exchange are repaid earlier with a "live" penny loan, paying money. The remaining vlasnik of the bill presents the payment before the payment of the term and the amount of the bill. The whole scheme of operations from crediting with promissory notes is more sensible. There are also options for the pre-linear presentation of bills to the bank and their appearance with an upcoming discount, further crediting under the outpost of bank bills, removing the first bill holder, too.

The pre-strokovy appearance of their bills is, perhaps, the most active operation for the bank. This is due not only to the daily risk during the arrangements, but also to the order of the oblіkovogo discount, which is, without intermediary for the income of the bank. The very possibility of a far-off pre-string appearance of the bills of exchange is a serious incentive for the issuance of commercial banks of bills of exchange.

The subject of other oblіkovyh operations are us before the bank bills. The fall in bill lending forced commercial banks to increase their respect for corporate papers.

The Russian market of corporate bills was inspired from the great crossroads, only a little more than a bottle of them can be carried to the current bills - crazy borgo goiters.

The order of redemption of other papers is regulated not by the bill of exchange law, but by the internal provisions of other bills of exchange, as in most cases they do not transfer the redemption of bills of exchange in penny form, and navit transfer the acceptance of bills of exchange until the redemption of the bill of exchange for the availability of suppliant sheets of chi for nayavnosti.

With the help of such moments, banks buy for their own investment portfolio even more than a few corporate bills, zocrema RAT "Gazprom", JSC "Almazy-Russia-Sakha", JSC "Sidanko". Promissory notes of other enterprises with obvious peculiarities of their reciprocity in the schemes of interdependence are banks exclusively subject to the type of "repo" and brokerage operations.

There is no real crediting of bills of exchange for the period of outstanding positions. In addition, bank promissory notes, which are exchanged with obigu, and as a subject of highly liquid security when the bank issues any credit products - loans, guarantees, letters of credit, etc. Vstanovlyuyuchi dosit low rates for promissory notes, the bank additionally gets new customers. When the interest rate is set for a bill of exchange, the following factors are taken to respect:

Necessity of reserving surpluses for promissory notes at the fund of obov'yazkovyh reservivs of the Central Bank of the Russian Federation, which means additional receipt of funds in similar terms;

ymovirnіst dodatkovogo zaluchennya koshtіv in case of rozrіvі lines nadannya credit and termіni obіgu promissory notes (at retail lines);

Necessity for the appearance of the interest rate according to the risk that is responsible for the hour of the crediting operation.

At this hour, the market of valuable papers Russian Federationє more dosit amorphous. There is still no clear delimitation between the primary and secondary, exchange markets. Served more importantly by stock and commodity exchanges, yakі poglenyayut main flow of private papers.

The development of the primary market of valuable papers in the structure of the entire market is only possible with the development of offensive minds: wide and active privatization of enterprises, companies and associations; creation of intermediaries - investment banks and brokerage firms, which could create an intermediary function between issuers and purchases in the same way as is accepted by world practice, the laws of the USA, Canada, England, Japan; The largest wide sale of business bonds and businesses. At Zahodі, the main part of the financing (70 - 95%) of the market of valuable papers is paid for the issue of bonds by corporations and companies. The very first market is based on bonds, and the main intermediary of placement is investment banks.

The Russian market is significantly different from the light market. However, in the near future, with rapid inflation, it is possible to assess the development of the corporate securities market (stocks, bonds, bills), which can be pleasantly injected into the economy. Thus, the issuance of shares, as it seems, is the foundest form of lending, and even more so without a string.

With all the various types of valuable papers allowed before issuance of that obigu (shares, bonds, bills, warranties, futures, options), there is a possibility of constructing valuable papers, but in one’s own line, transferring power to one, then one, then what we construct.

Ale, with this market of valuable papers, there are a lot of problems. We face the problem of defending investors against financial mischief and shakhraiv. For whom you need to know legislative base. Another major problem is the weak infrastructure of the market.

The solution of these two problems can increase the access to the Russian market and increase the capital surplus to Russia.

In order to enter the light, our professional participants in the market of valuable papers may significantly increase the quality of their work. Virishiti tsyu problem sled zaprovadzhennyam higher standards for votchisnyanyh uchasnikiv. Only on the basis of high powers it will be possible to obtain licenses for brokerage and dealer activities.

Thus, in front of the Russian market of valuable papers, there are still a lot of unviolated orders, a protest in the nearest possible future cycle is real.

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Notification of the endorsement is based on the fact that turning side promissory notes chi dodatkovomu arkusha (allonge) vyroblyayetsya transferable wrote, in case of any other person at once the right to withdraw payment is transferred from the promissory note. The person who transfers by endorsement is called the endorser, and the other person is called the endorser. The transfer of bills of exchange is called endorsement or endorsement.

Endorser vіdpovidaє for acceptance and payment. You are given the opportunity to take a binding from yourself with a way to write “I have a turnover on me”, if you want to write like that, insanely, to reduce the interest to the first bill from the next buyers. The endorser may take the new warnings "For the decree" or "You cry only ...". The handing-over letter is due, but it is signed by the endorser with his own hands, other elements can be made automatically. The christened endorsements are respected as unwritten.

An endorsement can be zdіysneniya on the greed of any individual, to inspire the benefit of the payer of the chi promissory note. Vіn can be forgiven and we will not be fooled by anything. A vibratory endorsement, so that less than a part of the bill sumi is given, is not allowed.

What are the endorsements for the bill of exchange?

• blank endorsement. It is not required to send a transfer letter, for the decree of some individual it is necessary to make a payment, if you want it to be signed by an endorser.

Such a promissory note is required to be issued on presentation, and it can be transferred to another person by simple delivery. A blank endorsement can be converted to a new one, having written, for the order of some individual, the next payment should be made.

The tightness of a blank endorsement can be an endorsement on the presenter, which is traditionally used with the words “You pay the presenter of this bill…”;

• name (renew) endorsement. At times in the transmission letter, the name of the endorsee is indicated.

When withdrawing bills of exchange, for absolute endorsement, it is necessary to declare the continuity of the transfer notes;

• additional (inkasovy) endorsement. Such a transfer office was written to fight with the clerk of the bill of exchange at the hour of the transfer of the document to the bank for the purpose of knowing the new payment.

Won to take revenge on her own wrote: “to the end”, “On”, “I trust to know” and so on. Obederzhuvach promissory notes on the transferred endorsement do not shy away from yogo vlasnik.

Endorsement, absolute after the term of payment, may be the same results, which is the first endorsement. Indosement following the confirmation of the cession, transfer notes in nominal documents (for the additional cession the deposit certificates are transferred). The promissory note is transferred before the mortgage, then the transfer letter may contain the warning “Currency for the mortgage”, “Currency for the security” or similar. Such a bill of exchange can vibrate all rights, like a bill of exchange, if you want to transfer it even more with a binding endorsement.

Main types of transactions with bills of exchange

• Poziki for a special pozichkovy rachunk, we will secure bills. Banks can give loans on the basis of a laid down loan agreement and give loans for them, accepting bills of exchange on their security.

Prior to acceptance for security, bills of exchange are subject to the same claims as before insurance. Promissory notes are accepted for the security of a special bank account not so much for their variability: call 60-90% of their sums in debt due to the obligation established by the bank, as well as in debt due to the creditworthiness of the bank and the quality of the bills presented to it.

• Promissory and credit operations at the bank, in any form of de stink, were charged, started with the withdrawal of a promissory note credit, which may be pre-Yavnitsky and promissory.

• Payment of bills of exchange. Banks often remit the handover of bill holders to withdraw payments for bills on an hourly basis.

Banks take debt obligations from the presentation of bills of exchange at the hour to the payer and the withdrawal of the outstanding payments from them. As soon as payment is due, the bill will turn to the borzhnik. For non-payment of the bill, the bill is turned over to the creditor, wanting to be reluctant in non-payment. Otzhe, the bank vіdpovidaє for the results, scho hid in the past omissions recalcitrant.

• Domicile of bills. Banks can, on behalf of promissory note-makers, work on payments at the terms. The bank, in opposition to the payment of bills of exchange, is treated not as an obligatory payment, but as a payer.

Appointed as a payer for a bill of exchange, whether a third person is called domicile, and bills of exchange - domiciliation. Acting with the looking domicilyant, the bank does not bear any risk, the bank will pay the promissory note only in that case, as the payer zanіs yomu earlier promissory note sum, or yakshcho maє on his rosrakhunkovym (flow) account, I will need the sum and upovnovazhuzhu , it is necessary to pay bills of exchange.

Otherwise, the bank confirms the payment. For the payment of bills, as a special payer, call for a small commission, and paid bills of exchange are charged in return.

• The form of bills of exchange is with the one who sells bills of exchange to the bank under endorsement before the term of payment and takes the bill of exchange amount minus for the front deduction of an explicit amount of money. Tsey vіdsotok is called oblіkovim.

How to recognize the cession and endorsement?

• The cession is respected by a bilateral agreement between the ceding ones and if they buy the rights. Adzhe endorsement is a one-sided position that one is obliged to concede one's rights for a bill;

• allows the introduction of a blank chi before the Yavnitsky endorsement. Adje sesiya can be exclusively nominal;

• the endorsement may be on the basis of the right and without recourse transfer of rights for the bill. When the right thing is right, it can be done for the mind in part;

• the endorsement may be written on the form of the bill of exchange to the supplementary arkush. The cession may be drawn up like the document itself, and we will end it with a contract;

• after making an endorsement, the endorser takes on a binding in front of any upcoming bill holder (if a special binding is not integrated into the text of the transfer note). In case of cession, the power of law is violated, it is less than their reality, wanting for zdiisnennist.

For additional purposes, bills of exchange are transferred if there is no rebuttal about non-payment, or after the completion of the term, the established fee is recalcitrant.

Acceptance of a bill of exchange. The borzhnik for a legal bill of exchange is liable to pay the payment of a bill of exchange by way of acceptance.

Acceptance is indicated in the left part of the main side of the bill and is expressed by the words: “Acceptance”, “Acceptance”, “I will pay” or similar for the zmist, with the obov'yazkovim affixed to the signature of the payer.

The signing of the payer's signature means the acceptance of the bill. The presentation of a bill of exchange before acceptance is possible, it can be broken up in an hour, starting from the yogo vidachі and before the clerk comes the payment. A bill of exchange can have indications before acceptance and acceptance after the current term of payment, and the borzhnik confirms it in a similar way, as if he had accepted the bill before the term.

Trasat I have the right to request the presentation of this bill of exchange in a day after the first presentation. If the last term is not accepted, then the bill is unacceptable. Borzhnik does not have the right to claim the redundancy in his own bills for acceptance.

The drawee may use the first term of presentation of a bill of exchange before acceptance, for example, not earlier than a specific term. Transferring bills of exchange with payment on a clear day after the presentation of the dues but presented before acceptance by the deadline on the day of their presentation. At the time of acceptance, there may be dates.

The drawee may be informed about the payment of bills of exchange before acceptance to the drawer's special messages, naming such letters of advice. Call at the new one the details of the seen bills of exchange: the place and hour of the witness, the term, the name of the first nabuvach, the place of payment, and the nutrition of the drawer and the drawee.

Acceptance can be forgiven and we won’t be fooled by anything, although we hope to be able to be vibirkovim (bargainer is able to pay less than a part of sumi). You can blame this situation, if the borzhnik has put an acceptance, and then, before the bill is returned, you have added it.

Acceptance plays the role of an explicit guarantee against the presentation of unlawful prejudice against the wicked minds of the tratti. If the borzhnik vvazhaє that the obіtsyanka for the bill is not viplivaє z yogo vzaєmovіdnosin іz the creditor, then you can hope not to accept it.

The acceptance of the bill of exchange can be charged by the bank. Such an acceptance is called bank's and victorious in the main forward appearance of bills of exchange. Bank acceptance of obov'yazkovy vykluchno at razrahunka іz razstrochennyam payment in the form of a documentary letter of credit.

Just look at the other side, the post-employer, in charge of the goods, at the same time, from the goods-advantage documents, I transfer them to the bank and draft. the goods do not take away the document, then, the goods themselves, until they accept the bill.

The system of payment turnover has a special place for bills of exchange.

bill of exchange- ce warehouse at the suvoro established by law form without a list of goiters for one person (bill issuer) to pay another person (bill holder) assigned on bills of exchange sum.

Federal Law No. 48-FZ of 11.03.1997 "On Execution and Promissory Notes" (further referred to as Law No. 48-FZ) imposes certain requisites for bills of exchange, the existence of which allows the whole document to have a bill of exchange. Tse position took away the name promissory note strictness.

The bill is guilty of the following details:

• the name "bill" in the text of the document that is expressed in my mind (bill note);
• I will simply and in no way obumovlenu proposition (for a bill of exchange) or pay a small amount of pennies (for a simple one), as well as an insertion of a payer (trasat), which is supposed to pay for a bill (for a bill of exchange);
• term for payment (the following options for naming the term are possible: on the first day; "on presentation"; "at the hour after presentation");
• place of payment;
• date and place of the bills of exchange;
• the signer of the bill drawer (the one who draws the bill (drawer) from the bill of exchange, and who sees the bill from the promissory note).

In fact, a bill of exchange is worth a penny of trade, to win the function of the cost of payment and payment, and, according to the form of the letter, it is a valuable paper.

Bills of exchange are classified according to different criteria (div. Fig. 6.3), the main one of which is the peculiarity of documentary processing. Vіdpovіdno to tsikh osobennosti promissory note, but we'll forgive or rewrite.

Rice. 6.3.

promissory note (solo) is a borgove goiter, for some kind of payer, a bill issuer acts (div. supplements 9 and 10). The scheme for the turnover of a promissory note is shown in fig. 6.4.

Rice. 6.4.

A bill of exchange (draft) transferring the bill of exchange (trasant) to pay for the bill to the third person - his borzhnik (trasat), goiter to accept the bill, tobto. wait to pay, if the promissory note is to be transferred to the individual, if so, according to the order of what may be, the payment is made - recipient(persopridbuvach, beneficiary). The scheme for the turnover of a treasury bill is shown in fig. 6.5.

Rice. 6.5.

A bill of exchange can be transferred from one holder of a bill to another for additional assistance endorsement– transfer writing on the back of the bill of exchange or allonge(Dodatkovy arkush).

Pererahuemo bills of exchange:

• zasіb rozrahunku chi payment - a bill of exchange vinikaє z credit land, payment from the new obov'yazkov (for the mind of the financial reliability of the promissory note);
• zasіb zavnennya - be sure to pay for the endorsement (which is bigger, the bill of exchange is higher, the shards of all bill holders bear solidarity with the payment for the bill);
• valuable papier - according to the DC of the Russian Federation and Law No. 48-FZ, you can win as a force, be the subject of a purchase and sale.

In the system of non-prepared payments, bills of exchange replace the daily value of real pennies and may have a low advantage over the banking position:

• bills of exchange are more mobile, part of their bills may be withdrawn by the holder of the bill before the term of redemption by the way, make the sale of chi;
• a bill of exchange is an effective return on the repayment of crops between enterprises, as the stench may be mutual in nature and avoid the terms of their repayment (mutual repayment);
• bill yak abstract borgove goiter'yazannya pov'yazanі z please minds;
• a bill of value satisfies the needs of the state's turnover of liquid assets.

Problems of winning bills from Russia (sound, blame the crisis period):

• in times of damage to the proportionality of the state's turnover, the exchange of real commercial credit (overpayment); can vikoristovuvatisya as a service tool for "gray" and "black" turnover;
• in times of the mass character of non-payments through marriage, or in the case of undertakings of power werewolves, they replace "live" pennies;
• the folding nature of the assessment of reality, please, issued by a bill (fictitious bills), and, hence, the promissory rate of the payer for the bill will generate a significant amount of unsecured bills;
• large part of the financial bills of exchange, which is not blamed on the real consumption of trade and industrial turnover, but rather on the consumption of the mobilization of financial resources in the financial markets;
• substitution of bills of exchange with the method of attaching a surplus to a deposit, due to the lack of tax legislation and the issuance of a bill to the category of securities.

Banking bill - price of financial bills. Banking bills can be interest-bearing and discount, currency and ruble. Vykoristannya promissory notes in the payment system secure the normal mind for mutually frozen debts and repayment of debts between enterprises, expanding the possibility of forming the resource base of banks, and also, increasing their credit potential. The turnover of promissory notes of foreign banks is too high, which ensures the uninterrupted payment turnover, increasing the liquidity of the bill market. Rinkov's variability of bills is attributed to yogo werewolf, reversal and liquidity.

All bank operations with promissory notes can be subdivided into chotiri groups:

• 1) issuance of government bills with the method of receiving cash;
• 2) lending to customers with outstanding bills of exchange and investments in the paper market (RCB);
• 3) guarantee operations for valuation, collection and domicile of bills of exchange for customers;
• 4) organization of rozrahunkiv from victorious bills of exchange:
  • from victorious bills of exchange to the bank itself;
  • distribution of bill of exchange schemes for reciprocal payments to bank customers.

Issuance of bank bills of exchange, the variance of which is in the balance sheet, non-depositary form of the resource base. Vlasnі promissory notes of banks are included before the repayment of sums of obov'yazykovyh rezvіvі, scho pіdlyagayut deponuvannya in the Bank of Russia.

Vlasnі promissory notes, sound, found a resource for the bank.

Vigoda for legal issues bills of exchange are folded:

• liquidity of bank bills;
• in the capacity to obtain endorsement of bills of exchange and pay them to the authorities of the financial government;
• have the ability to pledge a bill and take out a loan, or pay a bill at a promissory note-maker or another bike.

If the bank issues a promissory note, then sells it to the first vlasnik for face value, and the vlasnik's income will be hundreds of dollars, earned on the bill of exchange. The fee is charged once upon redemption of the promissory note. In case of any warning about the payment of bills, it will be more effective for promissory notes with the term of payment "on presentation" or "at the hour of presentation". Vіdsotki narahovyutsya from the day the bill is folded, even if another date is not assigned, and until the day of the actual closing of the goiter for the bill.

A discount (discount) bill is sold to the first vlasnik at a price lower than the face value. The price of placement is determined by the following formula:

de R- Price for the sale of promissory notes (rubles); S – nominal value of bills (rubles); t- Hour of payment of the bill (days); I- Vіdsotkova rate (for vіdsotkakh rivers).

The income of the holder of the discount bill will be the retail price of the purchase and the price of the sale, as it is always subject to a tax and the total rate of profits.

Let's take a look at the situation of rozrakhunkiv enterprises from the favor of victorious bills to the bank.

Acceptance may be fenced in front of their creditors for their services, I will take away the sirovina. Vono at the moment is free penniless Ale, you want to pay off your creditors, having taken the whole benefit for yourself. Tsya situation can be dealt with for additional bills of exchange to the bank. The undertaking is placing an agreement with the bank on the purchase and sale of bills of exchange. The term for the redemption of bills is one month. The bank receives resources for one month at a rate of 14% of the regular. The nominal value of bills of exchange is 5,000,000 rubles.

We will pay the sum, as I will pay for the acceptance when buying these bills of exchange for the above formula:

Discount

5000000 - 4940711 \u003d 59289 rubles.

After this undertaking, I take bills of exchange and are repaid by them with their counterparty and face value.

Prior to the guarantee, bank operations with bills of exchange are to be considered, which are not shown on the balance sheet accounting style. For these operations, the bank acts as a guarantor of the payment of a bill (avalization of a bill) and from the tight economic notes that have accumulated, with other bill makers, it guarantees the payment of a bill of exchange (domiciliation, encashment).

bail bail, or aval, it means a guarantee of a partial payment for a bill of exchange, so that a borzhnik doesn’t beat his goiter every hour. The guarantee of a bill of exchange is given by writing on the bill itself, or on the additional arch (allong) from the appointed place of the juvenile. Aval is pronounced with the words "vvazhati aval" or with a similar phrase and signed with an avalist - a special one that gives aval. Aval can be given for skin goiter to a person for a bill: a bill issuer, an acceptor, an endorser. For the validity of the vkazіvka, whose account is given, the aval is valued for the issuer of the bill. The Avalist is that person, for the yak of the wines, she vouches for, bears solidarity.

When cashing a bill, the bank is responsible for the instructions of its client (bill holder) to secure the withdrawal of payment for the bill. When domiciled, the bank, in opposition to the payment of bills of exchange, is not obligated to pay, but a payer (specially recognized as a third special - a domicile), and so bills are called domiciled, their rank sign is the word "payment" or "payment to the bank", with a signature on the payer.

In the minds of the economic crisis at high equal The billing of a part of bills of exchange at the payment turnover has been stitched, as a rule, it grows, the risks of non-conforming bills of exchange goiter increase overnight, the markets for the sale of such bills are activated. This negatively affects the payment turnover, the banking system and the economy. Financial stabilization and normalization of the bill market.

• At the basis of the bill of exchange is international law. In 1930 in Geneva, conventions were adopted, which unified the basic norms of the international bill of exchange character, which are up to our hour. In Russia, the bill of exchange was interrupted in 1917. Under the hour of NEP, a bill of renewal, ale of squeezing in 1930. The need to zastosuvannya promissory note in international rosrahunkah led to the arrival in 1936. SRSR before the Geneva bill conventions and adoption of the Regulations on the bill of exchange and promissory notes r. Nin our country bills of exchange are regulated by Law No. 48-FZ.
• Which type of operation will be examined at the 7th assistant.