The problems paid attention to about the settlement by the way of collection

俞春霞

1 General procedure of collection settlement

Collection refers to the bank received the collection instruction according to the received instructions regarding financial documents and/or commercial documents in order to get the payer payment acceptance， or against payment/acceptance to hand over commercial documents， or in other terms or conditions to hand over documents a way of international settlement. According to the Uniform Rules for collections， Collection is accepting the entrustment of the trustor indicates the exporters bank payment on behalf of the foreign bank， also calls the remitting bank； The collecting bank （collecting bank）， it is follow the instructions of the collection bank involved in processing the collection of import to the bank.

2 The collection and settlement several problems need to be aware of

2.1 Pay attention to the collection and other mixed settlement way

Collection is one of the frequently used in international trade payment， but in the specific business practice， payment collection， as a kind of commercial credit， there are some problem that not allow to ignore. In this paper， starting from the characteristics of collection， talk about the problem of using this payment need to pay attention to. In international trade， for the seller， what method of payment， directly related to the payment for goods can be safely back quickly. Remittance， collection， letter of credit is the three most common terms of payment in international trade. Letter of credit belongs to bankers credit， remittance and collection belong to commercial credit.

The collection basis， it is best used in combination with other payment. Combined with the t/t way. For exporters， adopt D/P means the greatest risk is due to the importers have a credibility problem， the goods on arrival， he didnt go to the bank， to request the price or refuse to accept the goods as the market changes. The exporter is in local sale or will the goods shipped back.

D/P terms should be combined with other payment methods so that both can save the bank charges， and can reduce risk.

2.2 Pay attention to the collection all participate in the legal relationship between Banks

According to the principal-agent relationship， the client can be one or several or all of the affairs entrusted the trustee to deal with. so the collection line no difference to entrust this transaction the collecting bank， also cannot say the collecting bank is a collection agent.

Line in order to further investigate the collection and whether there is a principal-agent relationship between the collecting bank， respectively from two big law system， this paper analyses the collection line and whether there is a principal-agent relationship between the collecting bank.

According to the basic principles of the civil law agent， if both for direct agency relationship， the agent is in the name of the agent ACTS for the interests of the principal， the agent does not assume liability for the third person， the liability shall be borne by the principal；

3 Common risk， collection and protection

3.1 The creditability of the importer

If in order to expand the market， the scale of operation in the importer not in-depth investigation and risk control ability， risk is likely to appear in the collection and settlement link to refusal of payment. To adopt flexible and varied way of settlement， such as the other requirements using collection and settlement way， may require that part of the advance payment as a condition， in order to reduce the risk.

3.2 The import countries for political reasons

To strictly guard against the risks of political and economic situation changes， its main performance is： （1） the importer for war riots， strikes， causes the importer cannot pay on time. （2） the importer has yet to receive the import license， or have not apply to the foreign exchange， or due to reasons such as customs regulations change for importers to refusal of payment. Also have to import to the risks of some special regulations. Therefore requires a comprehensive understanding of the local political， economic and legal knowledge. Especially the control of foreign trade and foreign exchange control regulations of the importing country， more analysis and research， to avoid the goods to the destination， due to the violation of local laws and regulations are not allowed to be imported or not receive foreign exchange losses.

作者单位

嘉兴职业技术学院