"The long-term check" Guzhen is injured are rife

A case of "long" and "pass" lamps

Half a month ago, far away from the lighting industry in Shenzhen, Zhongshan ten party boss on the Internet, this thing is bad for Zhongshan, Dongguan and even more than 50 suppliers. Just like a month ago, the boss of the ancient town of the boss, the Foshan, Jiangmen, and even a number of dealers in Jiangsu.

In July 2nd this year, the town's output value of over 100 million yuan of large lighting companies boss Xie Yingxiong boss due to wages and owed money on foot. Although Xie Yingxiong and others have been arrested, the case is being carried out in accordance with the relevant legal procedures. However, in the case of the issue of long dated checks, but the industry has aroused concern.

In the town lights, when the use of cash cheque to become the industry unspoken rule, this unique "settlement mode" will undoubtedly make staged a "Crusoe" post dated check, and it is this "drifting" contains a huge potential risk.

According to the official disclosure of the material, a total of about 25000000 yuan owed arrears, which issued a $about 17000000 of long-term checks. The owner of the $about 17000000 cheque may not be able to cash in, or at least, not be able to fully cash the check, as the owner of the.

What is a long-term check? What role does it play in the business activities of the enterprise? How is it legal? How does the enterprise look at it?

Phenomenon: long term check lights are unique to the settlement model"

Many people may not be aware of the meaning of the term cheque. A check is a check that is usually issued earlier than the date of issue.

Generally speaking, if you receive a check from the other side, it is equivalent to the other party has given you money. But for a long dated cheque, the time difference implies a risk because the time you get the check is a gap from the time you put it in. In order to reduce the risk, the person who gets the forward cheque is unwilling to keep the long dated cheque in hand, but try to find the opportunity to get rid of it. In this way, the long dated cheque becomes a new form of the triangle debt or multi angle debt in the ancient town.

An industry source told reporters: although it is not afraid of the long dated town is unique, but certainly in the town of the enterprise is widely used. And, the town is also showing a post dated check two characteristics: first, the longer the long period, short in a month long even more than half a year! Secondly, postdated checks transfer range, a post dated check 35 transfer is common, and more, to transfer more than 10 home. In a sense, the forward check is equivalent to the cash flow between enterprises. "

Zhongshan City Second People's court also confirmed to reporters, the court heard a considerable number of long-term checks recourse cases. The court also made a judicial proposal to the town government.

Yuan Chaoqiang, director of the Finance Office of Guzhen Town, used the term "settlement mode" to express the use of long dated checks in ancient towns. When a reporter asked: "since it is a 'model', it means that has been very popular in the town", Yuan Chaoqiang did not directly answer the reporter's question, but said: "since last April for check verification system, we have received a lot less. "

But Yuan Chaoqiang said it was inconvenient to provide statistics on complaints they received before and now.

Because of some inherent attribute checks, generated by the long-term debt check relationship, but is usually much more complex ious.

Litigation: proof of legitimate rights after the event to prove the legitimate income

Zhao's experience is a good explanation.

Zhao is next to the town, Xiaolan Town, a hardware processing shop self-employed, often for some lighting enterprises processing hardware accessories. In June 27, 2011, when he was holding a par value for a $34 thousand check to the Zhongshan branch of ICBC Haizhou branch to prepare cash, that a certain lighting electrical appliance factory in the town of the drawer bank account is not so much money!

In order to get the money, Zhao to consult a lawyer.

According to Zhao had introduced to the lawyer, in fact, he did not know the ancient town of lighting and electrical appliances factory, and never had any business dealings. He made this check, was the end of May, in addition to a processing fee to pay him the lighting factory. As for this lighting factory and as a drawer of the lighting factory is what relationship, Zhao know nothing.

Lawyer Zhao pointed out that, in accordance with the provisions of the bill law, unless it is a gift, inheritance and other special circumstances, the validity of the checks must be based on the existence of real transactions and pay the price as a precondition. If Zhao intends to through legal means to safeguard their own interests, must check the source of the hands have a legitimate account, among them, the lighting factory, the easiest and most effective way is to give him a cheque Zhao in the back of the cheque endorsement.

So, Zhao went to find his check the lighting factory, the other said: this check is not a lighting electrical factory to us, and therefore refused to endorse zhao.

For this result, lawyers said it was expected. Because, if this lighting factory endorsement for Zhao, Zhao has the right to ask the lighting factory to pay 34 thousand yuan.

Helpless, Zhao had to find a friend to open a business, in the name of the firm on the check endorsement. however