On a bill of exchange, which is a promissory note of the debtor to pay a certain amount of money after a specified period, in some cases, an endorsement is affixed. The latter is understood as a certain inscription on the reverse side of a bill, which gives another person the right to receive a debt.
It is necessary
- - Civil Code of the Russian Federation;
- - details of the previous bill holder;
- - details of the person to whom the rights under the bill of exchange are transferred;
- - bill of exchange.
Instructions
Step 1
The endorsement can be drawn up by the endorser, that is, the person (natural or legal) who is its rightholder. The right to perform transactions with the bill is transferred to another person - the endorser. The inscription is written on the reverse side of the security. Mandatory requisites of the endorsement are the seal and personal signature of the endorser. The date of writing the designation does not need to be stamped
Step 2
The endorsement may be nominal. Such an inscription contains the personal data of the future owner of the bill. In the form designation, the details of the previous copyright holder of the security are entered. Accordingly, a blank endorsement is transferable, that is, the previous owner hands over a bill of exchange to another person, the latter, in turn, can carry out the necessary operation with a financial document.
Step 3
If you wish to instruct another person to receive money on a bill of exchange or other operation provided for by law, then such an inscription on the security will be called a transfer endorsement. This designation contains, for example: "I trust to receive", "currency receivable" or other instructions, with the help of which the owner of the bill of exchange has the right to carry out the operation through the person whose personal data is indicated in the inscription. After such an endorsement, only assignment designations can be affixed, which is regulated by the Civil Code of the Russian Federation.
Step 4
There is also a pledge endorsement, which must contain a clause: “currency as a pledge”, “property as a pledge” and other designations that imply a pledge right. Such an inscription is one of the types of transferable endorsement. Accordingly, the owner of the security is the person who pledged the bill. The holder of a bill of exchange can only demand that the debtor pay for the security, as well as impose liability in the event the owner of the document refuses to fulfill his obligations.
Step 5
If the bill states that the security cannot be transferred, then any endorsement affixed has no legal force. Therefore, the document should be read carefully before writing the inscription.
