In this way, it is transferred step by step until the drawer pays off, and the right of recourse is completely eliminated with the whole bill relationship.
to Guangzhou intermediate people’s Court of Guangdong Province for centralized jurisdiction, local courts have transferred some cases related to Evergrande to Guangzhou intermediate people’s court.
A seals the back of the bill and gives the bill to B, which means that he gives the right to collect the commercial bill to B.
This is only the social impact of one case.
The final result will be borne by the drawer, that is, the drawer is the actual ultimate debtor.
Local courts should strictly implement the transfer notice of the Supreme Court, strictly review the filing application of Evergrande case, strictly review whether the case should be transferred before taking preservation measures, and carefully use preservation measures for the endorser to ensure the viability of the endorser as much as possible.
A endorses the commercial bill in hand to B.
Due to the different understanding of the spirit of the above notice by local courts, a large number of Evergrande cases were not transferred to Guangzhou intermediate people’s court according to the notice and were left in the grass-roots court for trial, which seriously deviated from the purpose of the above notice.
B can hold it until it is due for collection, or continue to endorse and transfer it to C.
After centralized jurisdiction, the court has a very long period of hearing cases involving Evergrande.
Enterprises are also facing a series of business crises of shutdown or even bankruptcy.
The unemployment of employees will flow into the society, which will cause great instability to the society.
Moreover, the local courts can not completely solve the dispute when trying the case where the holder only exercises the right of recourse to the endorser.
The recourse other than the drawer is only temporarily liable, but there is no share in the ultimate responsibility.
Endorsement transfer of commercial bill (endorser and holder) commercial bill can be transferred by endorsement.
It is suggested that the Supreme Court should make it clear that no preservation measures should be taken against the endorser, so as to prevent the enterprise from paying wages in time, making it difficult to operate or even close down due to the long-term freezing of the enterprise account.
It can also be regarded as a kind of evidence that Evergrande issues a bill to obtain financing, In short, it is the credit note issued by Evergrande commercial paper for Evergrande.
The appeal and appeal of downstream enterprises of Evergrande group source: microblog Author: Li Menghe to the Supreme People’s court and provincial and municipal people’s courts at all levels: since the outbreak of Evergrande’s debt crisis, Many holders of Evergrande commercial bills had a premonition that there was a risk of difficulty in cashing the commercial bills, so they immediately exercised their right of recourse through litigation and sued the drawer and endorser after the commercial bills could not be cashed.
Taking the holder’s right of recourse against a 10 million commercial bill as an example, the commercial bill often needs nearly 10 endorsements to reach the holder.
2.
The preservation measures make the enterprise unable to operate normally and repay the loan on time, resulting in the reduction of credit rating and the inability to obtain the loan; The wages of suppliers and migrant workers can not be paid in time, resulting in many employees appealing for help, constituting many breaches of contract and falling into a large number of lawsuits.
At the same time, local courts should unseal the endorser’s account in time, so that the enterprise and its legal representative can resume normal operation and operate healthily as soon as possible.
In order to avoid local competition for Evergrande’s assets, the Supreme Court issued a notice in time and took measures to unify jurisdiction.
Before reading this article, we should first understand the following two concepts: 1.
In the case of large-scale refusal of payment of Evergrande commercial tickets, countless enterprises across the country will face bankruptcy crisis, which will seriously affect social stability and people’s happiness.
Since the Supreme Court issued the notice of the Supreme People’s Court on transferring litigation cases related to debt risk of Evergrande Group Co., Ltd.
The person sought will eventually sue the drawer to the Guangzhou intermediate people’s court.
2.
A is the endorser, and B is the holder.
In order to continue to receive Evergrande’s work, suppliers are generally willing to accept it.
4.
During the trial, because most of the holders applied for preservation, the court frozen the bank accounts of all endorsers, and even the personal accounts of enterprise legal persons, which caused a devastating blow to the downstream enterprises that were already facing the financial crisis.
As a small and medium-sized enterprise deeply affected by the Evergrande commercial bill incident, we suggest: 1.
The holder makes every endorsing enterprise’s 10 million bank deposits illiquid through a lawsuit preservation, with a total amount of up to 100 million yuan.
However, we find that many holders and banks choose to sue only the endorser in order to avoid centralized jurisdiction.
As far as the legislative purpose of the right of recourse on bills is concerned, the biggest difference between the right of recourse and ordinary creditor’s rights is that generally, after the exercise of the right of recourse by the holder is satisfied, it is transferred to the person to be pursued, and the person to be pursued becomes the second recourse person, that is, the re recourse person.
3.
From a macro perspective, this is by no means an economically rational choice, but also a waste of judicial resources and reduce judicial efficiency.
On December 21, the winter solstice, the boss of a construction company sent an appeal on his microblog, requesting the people’s court to uniformly transfer the case of non payment of Evergrande commercial bills to the Guangzhou intermediate people’s court…
when it is transferred to C, B becomes the endorser and C is the holder.
All suppliers, construction units and business ticket holders of Evergrande are allowed to exercise the priority of the drawer in the project payment litigation..
In order to become a partner of Evergrande, it is one of the necessary conditions to accept the business ticket issued by Evergrande.
Evergrande commercial bill (drawer) Evergrande commercial bill refers to a credit bill issued by Evergrande that promises to pay to partners or suppliers at a specified time point.
Therefore, for Evergrande cases, strictly implement the notice of the Supreme Court and transfer them to Guangzhou intermediate people’s court, which can effectively save judicial resources.
In case of no liquidity crisis, it will be paid in arrears for a year and a half.
All cases involving Evergrande commercial bills (including loans with commercial bills pledged, the drawer of Evergrande’s affiliated companies, disputes involving Evergrande’s project funds, etc.) shall be transferred to Guangzhou intermediate people’s court, and the drawer shall be added as a third person according to law.
Cash flow, like human blood, determines the survival of an enterprise.
And because most of the endorsers are enterprises in the construction industry, under the background of the epidemic, enterprises need more capital flow to maintain normal operation.
