中华人民共和国票据法（二）

　　When opening an account in which cheques can be deposited with a bank and asking for a cheque book， the applicant must enjoy financial credibility and must deposit a certain amount of funds therein.

　　When opening an account in which cheques can be deposited with a bank， the applicant shall leave a specimensig nature of his real name and a specimenseal therein.

　　Article 84 Cheques may be payable in cash or payable into an account. If a cheque is payable only into an account， this shall be specified on the face of the cheque.

　　A form of cash cheque may be specially designed and made for cheques payable in cash and a cash cheque can only be used for payment in cash.

　　A form of crossed cheque may be specially designed and made for cheques payable into an account and a crossed cheque can not be used for payment in cash but only for settlement into an account.

　　Article 85 A cheque must specify the following items；

　　1. The word “cheque”；

　　2. Authorization of unconditional payment；

　　3. A certain sum；

　　4. The name of the payer；

　　5. The date of issue；

　　6. The signature of the issuer.

　　A cheque shall be null and void if any one of the above mentioned items is not specified therein.

　　Article 86 The sum on the cheque may be added to with the authorization of the issuer if the said sum is incomplete. Cheques which are incomplete cannot be used.

　　Article 87 The name of the payee， if not specified on the cheque， may be completed with the authorization of the issuer.

　　The place of payment， if not specified on the cheque， shall be the business premises of the payer.

　　The place of issue， if not specified on the cheque， shall be the business premises， residence or the habitual residence of the issuer.

　　The issuer may specify himself on the cheque as the payee.

　　Article 88 The sum specified on a cheque by the issuer shall not exceed the issuer's balance in the bank paying for the cheque at the time of payment.

　　Where the sum specified in a cheque exceeds the issuer's balance in the bank paying for the cheque at the

time of payment， the cheque will bounce. It is prohibited to issue cheques that will bounce.

　　Article 89 The issuer shall not sign and issue cheques upon which his signature is not the same as his specimensig nature or specimen seal.

　　Article 90 The issuer must bear the liability of guaranteeing payment of the sum specified on the cheque to the bearer.

　　Where the issuer's balance in the bank paying for the cheque is sufficient to pay the sum of the cheque， the issuer shall pay the full sum on that day.

　　Article 91 A cheque is payable at sight and does not need to specify the date of payment. A specification of the date of payment shall be invalid.

　　Article 92 The bearer shall present the cheque for payment within ten days of the date of issue. The time limit within which cheques may be presented for payment in places other than the place of issue shall be stipulated by the People's Bank of China.

　　After the stipulated time limit has expired， the payer need not pay the cheque； in cases where the payer has not paid， the issuer shall still bear liability for the instrument to the bearer.

　　Article 93 The payer who has paid the sum of the cheque according to the law shall no longer bear liability to the issuer as the authorized payer， nor liability for payment to the bearer. However， the exception is in cases when the payment is made by the payer through malice or with gross negligence.

　　Article 94 In addition to the provisions of this chapter， the provisions of Chapter II of this Law pertaining to bills apply to the endorsement and payment of cheques and the exercise of the right of recourse.

　　In addition to the provisions of this chapter， the provisions of Articles 24 and 26 of this Law shall apply to the issuance of cheques.

　　Chapter V The Applicable Laws Pertaining Negotiable Instruments in Cases Involving Foreign Elements

　　Article 95 The applicable laws pertaining negotiable instruments in cases involving foreign elements shall be determined according to the provisions of this chapter.

　　Instruments in cases involving foreign elements as referred to in the preceding paragraph denotes instruments for whom one or more act of the issue， endorsement， acceptance， guaranty or payment takes place outside the People's Republic of China， while the rest take place within the territory of the People's Republic of China.

　　Article 96 If any international treaty concluded or acceded to by the People's Republic of China contains provisions differing from those of this Law， the provisions of the international treaty shall apply， unless the provisions are ones on which the People's Republic of China has announced reservations.

　　International practices may be applied to matters for which neither this Law nor any international treaty concluded or acceded to by the People's Republic of China has any provisions.

　　Article 97 As regards the capacity for civil conduct of a debtor of an instrument， the law of his own country shall be applicable.

　　In the event that a debtor of an instrument shall be regarded as a person with no capacity for civil conduct or with limited capacity for civil conduct according to the law of his own country， while he shall be regarded as a person with full capacity for civil conduct according to the law of the place where the action is being carried out， the latter law shall be applicable.

　　Article 98 Items required to be specified in the issue of bills or notes shall be bound by the law of the place of issue.

　　Items required to be specified in the issue of cheques shall be bound by the law of the place of issue. However， parties to a cheque may reach an agreement by which the law of the place of payment shall be applied.

　　Article 99 The endorsement， acceptance， payment and guaranty of an instrument shall be bound by the law of the place where the said act

ion is being carried out.

　　Article 100 The time limits within which the rights of recourse can be exercised on an instrument shall be bound by the law of the place of issue of that instrument.

　　Article 101 The time limits within which the instrument should be presented， the way in which proof of refusal to accept or to pay is drawn up and the time limits for drawing up the proof of refusal to accept or to pay shall be bound by the law of the place of payment.

　　Article 102 In cases when an instrument is lost， the procedure by which the person who has lost the instrument applies to preserve their rights to the instrument shall be bound by the law of the place of payment.

　　Chapter VI Legal Responsibility

　　Article 103 Whosoever commits any of the following acts shall be investigated for criminal responsibility in accordance with the law：

　　1. The forgery or alteration of an instrument；

　　2. The intentional use of a forged or altered instrument；

　　3. The signing and issue of a cheque which will bounce or the intentional signing and issue of a cheque whereon the signature or seal is not the same as the specimen signature or seal in order to obtain property by fraudulence；

　　4. The signing and issue of a bill or note where no reliable financial sources exist in order to obtain funds by fraudulence；

　　5. The false specification of items on a bill or a note by the issuer at the time of issue in order to obtain property by fraudulence；

　　6. The fraudulent use of instruments belonging to other people or the intentional use of instruments which are overdue or have been cancelled in order to obtain property by fraudulence；

　　7. The malicious collusion of the payer and the issuer or the payer and the bearer to commit any of the preceding acts.

　　Article 104 Whoever commits any of the acts mentioned in the preceding article， when it is of minor importance and does not constitute a crime， shall be punished by the imposition of administrative penalties according to the relevant provisions of state law.

　　Article 105 Any staff member of a financial institution who neglects his duties and accepts， pays or guarantees an instrument which does not conform to the provisions of this Law， shall be punished； if this act causes substantial losses and constitutes a crime， he shall be investigated according to the law for criminal responsibility.

　　If damage has been inflicted on parties to an instrument due to staff members of financial institutions behaving in the manner described in the preceding paragraph， the said institution and the person directly responsible shall bear liability for compensation according to the law.

　　Article 106 If a payer intentionally delays paying an instrument which is payable on sight or an instrument which has reached maturity， the financial administration department shall fine the payer and punish any personnel directly responsible.

　　If the payer's intentional delay in payment causes losses to the bearer， then the payer shall bear liability for compensation according to the law.

　　Article 107 Those who commit other acts violating the provisions of this Law than those for which one shall bear liability for compensation according to the provisions of this Law， and so cause losses to other persons， shall bear civil liability according to the law.

　　Chapter VII Supplementary Provisions

　　Article 108 The calculation of all time limits stipulated by this Law shall be bound by the relevant pro

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