The bill of exchange must be presented for payment either
The bill of exchange must be presented for payment either in that day, when he must be prepaid or in one of two next workings days. Only in this case the holder of bill of exchange in the case of неоплаты of bill of exchange has a right to lodge an objection in non-payment. Protest must be made a notary during two workings days, followings after a day, when the bill of exchange must be prepaid. The holder of bill of exchange in any form must inform the endorser about protest during five days, counting the day of protest. In addition, the holder of bill of exchange has a right in a reverse action (regress) about the compensation of sum of bill of exchange to any person to signing the bill of exchange ранее him obliged on the bill of exchange. The feasance of protest gives the holder of bill of exchange possibility to appeal to the court after the receipt of order of court, I.e. executive document on the simplified procedure. But unproducing of note payable does not deprive a right for the holder of bill of exchange to require payment of bill of exchange in a timely manner, including in a judicial order. The term of limitation of actions in regard to a drawer in the simple bill of exchange and acceptor in the addressed bill makes 3 year, in regard to other obliged persons on the bill (endorsers, drawer in an acceptance bill) of exchange the term of limitation of actions makes 1 year. Abstract of bill of exchange obligation The unstipulated obligation to pay the indicated sum expresses the abstract of bill of exchange obligation, that means the apartness of bill of exchange from the preceding facts of economic life. However if a debtor proved absence of foundation of bill of exchange obligation and fame of this fact a creditor on relating their civil legal transaction, grounds for the penalty of facilities on the bill of exchange not present. Thus, a drawer on the simple bill of exchange is right to pull out against a requirement the first holders of bill of exchange about payment of bill of exchange objections, effluent from the known relations. Bill of exchange, shown in foreign currency The bill of exchange, shown in firmly convertible currency, will allow a supplier products to save a profit yield in dollar expression at the vibrations of course of rouble. Possibility of denotation of sum of bill of debt in foreign currency is foreseen п. a 2 item 317 Civil Code of Russian FEDERATION. In this case subject payment in roubles a sum is determined on an official currency proper exchange rate on the day of payment. In arbitrazh practice this question was reflected in the decision of Decision of Presidium YOU Russian FEDERATION from 28.10.97 №4518/97. Some questions of taxation. Statute about the addressed and simple bill, the bill of exchange
contains simple and by nothing the not conditioned obligation to pay a
certain sum in the indicated term I.e. contains a debt, legally in any way unconnected with an obligation, stipulating the fact of his delivery for the aims of taxation. It allows to define a profit on the bill of exchange as a difference between a sum, being due to the receipt on a document (by the face value of bill of exchange), plus percents on his sum and in size debts, paid off with his acquisition (by the debt of buyer for the realized commodities, debts on a loan et cetera).