What Is The Loss Of A Cheque In Cashier Business Knowledge?

The loss of a check is equivalent to the loss of monetary funds, which may be brought to the unit or collective.

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But cheque is not cash after all. As long as the right and timely measures are taken, economic losses can be avoided.

There are two effective measures: one is to report the loss to the bank in time, and the two is to ask the relevant units to help prevent it.

Attention: do not publish a statement in the news stations, such as TV stations, radio stations and newspaper offices.

(1) which cheques can be reported missing? The current "bank settlement method" stipulates that "if a cash cheque has been lost, it may apply to the bank for reporting loss. If it has been paid before the loss has been made, the bank will not accept it. If the issued cheque is lost, the bank will not accept the loss report, and may request the payee to help prevent it."

That is to say, not all cheque can be reported after being lost. Only when the cash cheque is lost, can the bank accept the loss report, but it can only grab the payment before it is paid.

Because a cheque is a written order for a bank to entrust an account bank to pay money from its deposit account. As long as the check is complete and fill in the specification, the bank must pay the bill immediately.

Again because

It can only play the intermediary role of settlement and not be responsible for the advance payment of funds, so once the money has been paid before the loss is reported, the bank will not bear the economic and legal liability.

If the seal is complete and the lost cheque is filled, the payee can quickly notify the receiver to help prevent the purchase of the goods from the lost check cheque. If the purchase of the merchandise has become a fact, it can immediately report to the local public security organ and strive to recover all or part of the funds as soon as possible.

The bank will not report the loss of the lost cash cheque or blank cheque.

(two) why did the blank cheque fail to make an invalid statement after the loss of the cheque?

The reasons are: (1) from the relevant provisions of civil law and economic law, "loss statement" is a unilateral civil act and has no legal significance.

In accordance with the law, unilateral legal acts for others' obligations must be made by the original statutory organs according to the direct provisions of the law.

The cancellation of a lost cheque is clearly lacking in the establishment of a single party.

Conditions.

Not only that, the missing person declares that a blank cheque will be cancelled, but it will also be harmful, because the main purpose of the lost declaration is to pfer the possible economic loss through legal form and refuse to fulfill the obligation of the contract.

As a result, the civil act was lacking in legal effect at the very beginning.

(2) from the civil procedure law, it is learned that the missing person can not declare the lost cheque through the application procedure of the blank check.

The civil law stipulates that the applicant for public summons is limited to the holder of the bill, which is stolen, lost or lost by endorsement, that is, the bearer, not the issuer.

Moreover, public summons must be determined and scoped.

That is, the applicant shall provide the people's court with the main contents of the bill, such as the amount of the coupon, the drawer, the holder, the endorser, etc., and the blank cheque that is missing is not known except the invoice personnel.

The procedure of public summons and exhortation is set up for those who have lost the rights of negotiable instruments to continue to exercise the rights of negotiable instruments according to law.

The court's decision will not impede the legitimate rights of others.

If a blank cheque is declared invalid by the court through the procedure, it will inevitably affect the holder of the cheque in good faith (such as the seller) and other related parties (such as the Bank of accounts), causing the disorder of the relationship between the bills, which is contrary to the foothold in the establishment of the public notice procedure in civil law.

(3) from the "bank settlement method", it is clear that if a blank cheque with a unit seal is missing, it is a violation.

(4) from the perspective of practice, the "loss statement" does not work. If the bank is not liable for economic and legal liabilities, the loss will still be lost to the blank cheque.

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