票据法.docx

1、票据法Law of the Peoples Republic of China on Negotiable Instruments(Adopted at the 13th Meeting of the Standing Committee of the Eighth National Peoples Congress on May 10, 1995, promulgated by Order No. 49 of the President of the Peoples Republic of China on May 10, 1995, and amended according to the

2、 Decision of the Standing Committee of the Tenth National Peoples Congress on Amending the Law of the Peoples Republic of China on Negotiable Instruments adopted at its 11th Meeting on August 28, 2004)ContentsChapter I General ProvisionsChapter II Bills of ExchangeSection 1 IssueSection 2 Endorsemen

3、tSection 3 AcceptanceSection 4 GuarantySection 5 PaymentSection 6 Right of RecourseChapter III Promissory NotesChapter IV ChequesChapter V Application of Law to Negotiable Instruments Involving Foreign ElementsChapter VI Legal ResponsibilityChapter VII Supplementary ProvisionsChapter IGeneral Provis

4、ionsArticle 1 This Law is enacted to regulate acts involving negotiable instruments, protect the lawful rights and interests of parties engaged in activities involving negotiable instruments, maintain public and economic order and promote the development of the socialist market economy.Article 2 Thi

5、s Law shall be applicable to activities, involving negotiable instruments, that are carried on within the territory of the Peoples Republic of China.The term “negotiable instrument” as used in this Law means bill of exchange, promissory note and cheque.Article 3 In activities involving negotiable in

6、struments, people shall comply with laws and administrative regulations and shall not jeopardize public interests.Article 4 When making a negotiable instrument, the drawer shall sign it pursuant to the requirements prescribed by law and shall be liable according to its tenor.When exercising the righ

7、ts on a negotiable instrument, the holder shall sign it according to legal procedures and present it.Other debtors signing the instrument shall be liable according to its tenor.The right on a negotiable instrument as used in this Law means the right of a holder to demand from the person liable for t

8、he negotiable instrument payment of the sum payable by the instrument, including the right of claim for payment and the right of recourse.Liability on a negotiable instrument as used in this Law means the obligation of a debtor to pay the sum payable by the instrument to the holder.Article 5 A party

9、 to a negotiable instrument may authorize his agent to sign the instrument and the agency relationship shall be indicated thereon.A person who without authorization signs a negotiable instrument in the name of an agent shall be liable for the instrument. If an agent goes beyond the authorization, he

10、 shall be liable for the instrument to the extent where he exceeds the authorization.Article 6 If a person having no capacity or limited capacity for civil acts signs a negotiable instrument, the signature shall be null and void, but this shall not affect the effect of others signatures.Article 7 Th

11、e signature on a negotiable instrument means an autograph, a seal or an autograph accompanied by a seal.The signature put by a legal person or another entity issuing the negotiable instrument means the seal of the legal person or the entity accompanied by the signature of its legal representative or

12、 authorized agent.The signature on a negotiable instrument shall be the true name of the party thereto.Article 8 The sum on a negotiable instrument shall be specified in both capital Chinese characters and numerical figures, the two must be exactly the same. Otherwise, the instrument shall be null a

13、nd void.Article 9 The particulars specified on a negotiable instrument shall be in conformity with the provisions of this Law.The sum, date and the name of the payee of a negotiable instrument shall not be altered. An instrument with any alteration is null and void.Other particulars on a negotiable

14、instrument may be altered by the person who recorded them , but he shall verify the alterations by putting his signature thereto.Article 10 The issue, acquisition and negotiation of an instrument shall follow the principle of good faith and reflect the true relationship of transaction and between th

15、e creditor and the debtor.A negotiable instrument shall be acquired by payment of consideration, that is, the price corresponding to what is agreed upon by the two parties to the instrument.Article 11 Acquisition of a negotiable instrument through taxation, inheritance or donation which, according t

16、o law, may be realized without payment shall be exempted from payment of consideration. However, the holders rights to the instrument shall not exceed those of his prior parties thereto.The term “prior parties” means other persons liable for a negotiable instrument who put their signatures thereon p

17、rior to the current signer or holder.Article 12 A person who acquires a negotiable instrument by means of fraud, theft, or coercion, or, with knowledge of the aforementioned situations, acquires the instrument out of ill intention shall have no right thereon.A holder who, by gross negligence, acquir

18、es a negotiable instrument that is not in conformity with the provisions of this Law, shall have no right thereon, either.Article 13 A person liable for a negotiable instrument may not set up against the holder such defenses that are available as between himself and the drawer or between himself and

19、 the holders prior party or parties, unless the current holder acquires the instrument with knowledge of the defenses.A person liable for a negotiable instrument may set up defenses against the holder who has a direct creditor-debtor relationship with him and does not perform the obligations agreed

20、upon.“Defense” as used in this Law means refusal by a person liable for a negotiable instrument to perform his obligations to the creditor in accordance with the provisions of this Law.Article 14 Particulars recorded on a negotiable instrument shall be truthful and shall not be forged or altered. Wh

21、oever forges or alters the signature or other particulars recorded on an instrument shall bear legal responsibility.A forged or altered signature on a negotiable instrument shall not affect the effect of other true signatures thereon.Where other particulars recorded on a negotiable instrument have b

22、een altered, a signer thereto before the alteration is made shall be liable for the particulars originally recorded, a signer thereto after the alteration is made shall be liable for the altered particulars. Where it is hard to tell whether a signature is put before or after the alteration, it shall

23、 be deemed as one put before the alteration.Article 15 In the event a negotiable instrument is lost, the person losing it may promptly notify the drawee of the loss for the latter to stop payment thereof, unless no drawee is recorded on the instrument or it is hard to identify the drawee or his agen

24、t.The drawee who receives notice to stop payment of the lost instrument shall suspend its payment.The person who loses the instrument shall, within three days after serving the stop-payment notice or after losing the instrument, apply to a Peoples Court according to law for making this exigency know

25、n to the public or bring an action in a Peoples Court.Article 16 To exercise or preserve his rights on a negotiable instrument against the person who is liable for the instrument, the holder shall do it on the business premises of the party concerned and within the business hours, or at his domicile

26、 in the absence of business premises.Article 17 The rights on a negotiable instrument lapse, unless exercised within the following time limits:(1) two years from the date of maturity of the negotiable instrument for the holder against the drawer or acceptor; two years from the date of issue of a bil

27、l or a promissory note payable at sight for the holder against the drawer or acceptor;(2) six months from the date of issue of a cheque for the holder against the drawer;(3) six months from the date of non-acceptance or non-payment for the holders right of recourse against the prior holders; or(4) t

28、hree months from the date of settlement or filing a lawsuit for the holders right of re-recourse against the prior parties.The date of issue and the date of maturity of a negotiable instrument shall be determined by the parties thereto according to law.Article 18 The holder of a negotiable instrumen

29、t who forfeits his rights thereon by reason of limitation of time or defects in specified particulars on the instrument still has civil rights and he is entitled to demand the drawer or acceptor to make a refund equivalent to the sum in the instrument not yet paid.Chapter IIBills of ExchangeSection

30、1IssueArticle 19 A bill of exchange is a negotiable instrument, signed and issued by the drawer, who authorizes the drawee to pay unconditionally a sum certain in money to the payee or the holder at sight or on a specified date.Bills of exchange include bankers bills and commercial bills.Article 20

31、“Issue” means a drawers signing of a bill of exchange and delivering of it to the payee.Article 21 The drawer of a bill of exchange must maintain a bona fide relationship of entrusted payment with the drawee and have a reliable source of funds to pay the amount of sum on the bill.No one may sign and

32、 issue bills of exchange without consideration to defraud fund from a bank or other parties to the bills.Article 22 The following particulars shall be specified on a bill of exchange:(1) words expressing it to be a bill of exchange;(2) an unconditional order to pay;(3) a sum certain in money;(4) name of the drawee;(5) name of the payee;(6) date of issue; and(7) signature of the drawer.A bill of exchange is void if any of the above-mentioned particulars is not specified thereon.Article 23 The date of payment, place of paym