According to the initiative, bill discounting is a national franchise business and can only be carried out by financial institutions with statutory discounting qualifications. Entities without statutory discount qualifications carry out "discounting", which violates the mandatory provisions of the state's financial business franchising and jeopardizes the financial management order. The "Minutes of the National Courts' Civil and Commercial Judgment Work Conference" clarifies that the act of "discounting" to parties who do not have statutory discounting qualifications is invalid; parties without statutory discounting qualifications who engage in "discounting" are suspected of committing a crime. The majority of enterprises should be deeply aware of the legal risks of private discounting, be vigilant and stay away from bill intermediaries, and not participate in private discounting. If a discount is needed, it should be handled through a formal financial institution to effectively safeguard its own legitimate interests.
At the same time, the proposal proposes that the use of tickets should have a real trade background to ensure compliance with laws and regulations. Article 10 of my country's Negotiable Instrument Law stipulates that "the issuance, acquisition and transfer of negotiable instruments shall follow the principle of good faith and have a real transaction relationship and creditor's rights and debt relationship." It must have a real trade background, and it is strictly forbidden to issue, accept and discount commercial bills without trade background.
The initiative states that enterprises should fully understand the relevant laws and regulations on bills, implement management requirements, strengthen internal control, use bills in compliance with laws and regulations, and only carry out bill business with real trade backgrounds.
In addition, the initiative proposes not to provide services for private discounts and to safeguard the interests of customers. Private discounting has been clearly not protected by law, and financial institutions will face compliance risks if they provide financial services such as fund custody and settlement. There may also be problems such as fraudulent use and misappropriation of funds in custody accounts, which may easily lead to financial risks.
The initiative emphasizes that the majority of financial institutions should further enhance their compliance awareness and avoid providing financial services for private discounting. It is necessary to carry out publicity and education on the prevention of private discounting risks to corporate customers, and guide customers to handle bill discounting business through formal channels, so as to better safeguard the interests of customers.
