The bill of exchange form of calculations in the folded situation allows not only to avoid distribution of available turnover between enterprises, but also to save economic connections between partners. Thus in the conditions of bank crisis bill of exchange calculations between enterprises, reserved in one production chainlet, allow to do without "problem" banks.

As bill of exchange transactions are carried out mainly into financial and production groups a small enterprise must pay regard to and circle of his appeal liquidity bill of exchange. Otherwise there is large probability to become the last creditor in the chainlet of calculations.

Foremost an enterprise must pay regard to that, whose bill of exchange is offered in payment of the shipped products. For example, bill of exchange calculations can be carried out by means of:

a. own bills of exchange of enterprise;

b. bills of exchange of other enterprises, whose securities are most liquid at the second market (RAO Gazprom, RAO of ECC etc.);

c. bills of exchange of banks.

Bills of exchange of every group of enterprises and every bill of exchange form of calculations must be the article of separate study. We will be stopped for the list of those general questions which more frequent than all arise up in arbitrazh practice at calculations by the bills of exchange and about which it is necessary to remember during realization of transaction.

Defect of form

Bill of exchange force is possessed only by a that document which possesses the obligatory essential elements of bill of exchange in accordance with the article 75 Statutes about the addressed and simple bill. Any retreat from obligatory essential elements can result in ineffectiveness of bill of exchange.

The bill of exchange must contain:

1. the name is a "bill" of exchange, plugged in text of document and expressed in that language on which drawn up a statement;

2. simple and by nothing the not conditioned suggestion to pay a certain sum;

3. name of payer;

4. pointing of due date;

5. pointing of place payment must be accomplished in which;

6. name that, to whom or to the order who payment must be accomplished;

7. pointing of date and place of drafting of bill of exchange;

8. signature of drawer.

However, impossibility of confession of document the bill of exchange by virtue of defect of form does not hinder consideration of this document as a debt on the basis of other norms civil law.

Due dates

The method of setting of due date on the bill of exchange must strictly correspond set, namely, he must be one of the followings: and) in the day of producing of b) in such term from the day of producing with) in such that term from the day of drafting of d) in a certain day. In first cases, if, a drawer did not specify other term, the bill of exchange must be presented for payment during a year from the day of drafting.

Protest of bill of exchange is in non-payment

To payment the bill of exchange must be produced in the day of payment, or during two next workings days. If a payer said no in acceptance or payment of bill of exchange, before filing action the holder of bill of exchange must accomplish protest of bill of exchange is a receipt of the notarial validified refuse in acceptance or payment. Protest in is produced in time, set for acceptance, and in non-payment - in one of two workings days right behind the day of producing to payment.