Holder

Languages: 中文 | English | Español | 日本語 | 한국어 | Tiếng Việt | ไทย | Русский

📖 Detailed Explanation

Holder (Holder) in foreign trade settlement usually refers to a natural or legal person who legally holds a negotiable instrument (such as a bill of exchange, promissory note, check) or a document of title such as a bill of lading. Its core lies in having legal rights over the instrument or document, and may demand payment, transfer, or take delivery of goods. Usage scenarios include negotiation under letters of credit, discounting of bills of exchange, endorsement and transfer of bills of lading, etc. Notes: The holder's status must be obtained through continuous endorsement; if the endorsement is discontinuous or forged, the holder's rights may be affected; under a letter of credit, the negotiating bank as holder must examine documents for strict compliance. Difference from 'beneficiary': The beneficiary refers to the party entitled to receive payment under a letter of credit, while the holder has a broader scope and may obtain rights through transfer. Difference from 'payee': The payee is the initial party designated on the instrument to receive payment, while the holder may become the current rights holder through transfer. Foreign trade practitioners should pay attention to the protection of the holder's rights under the Negotiable Instruments Law and UCP600.

📝 Examples

1. In negotiation under a letter of credit, the negotiating bank, as the holder of the bill of exchange, has the right to recourse against the beneficiary when the issuing bank refuses payment. (Note: The holder exercises the right of recourse.) 2. The holder of a bill of lading takes delivery of goods from the carrier at the port of destination against the original bill of lading; if the bill of lading has not been endorsed and transferred, the holder may be unable to take delivery. (Note: The holder takes delivery against the bill of lading.)

💡 Foreign Trade Tips

📧 Use Business Email Helper