Convention providing a uniform law for bills of exchange and promissory notes
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Austria | Yes | No |
Belgium | Yes | No |
Brazil | Yes | No |
Denmark | Yes | No |
Finland | Yes | No |
France | Yes | No |
Germany | Yes | No |
Greece | Yes | No |
Hungary | Yes | No |
Italy | Yes | No |
Japan | Yes | No |
Kyrgyzstan | Yes | No |
Luxembourg | Yes | No |
Netherlands, the Kingdom of the | Yes | No |
Norway | Yes | No |
Poland | Yes | No |
Portugal | Yes | No |
Russian Federation | Yes | No |
Sweden | Yes | No |
Switzerland | Yes | No |
Ukraine | Yes | No |
Austria
31-08-1932
This ratification is given subject to the reservations mentioned in Article 6, 10, 14, 15, 17, and 20 of Annex II to this Convention.
13-05-1963
Austria has decided to make reservations referred to in article 18 of Annex II to the Convention, to the effect that certain business days shall be assimilated to legal holidays as regards presentment for acceptance of payment and all other acts relating to bills of exchange.
26-11-1968
The Government of Austria, with reference to the above-mentioned reservations, notified the Secretary-General that according to Austrian Law in force since July 26, 1967, no payment, acceptance or other acts may be demanded in respect of bills of exchange and promissory notes on the following legal holidays or days assimilated to such holidays: 1 January (New Year's Day), 6 January (Epiphany), Good Friday, Easter Monday, 1 May (Legal Holiday), Ascension, Whit-Monday, Corpus Christi, 15 August (Assumption), 26 October (National Day), 1 November (All Saints' Day), 8 December (Immaculate Conception), 25 December and 26 December (Christmas), Saturdays and Sundays.
Belgium
31-08-1932
This ratification is subject to the utilization of the rights provided in Articles
1, 2, 3, 4, 5, 8, 10, 11, 13, 14, 15, 16, 17 and 20 of Annex II to this Convention.
As regards the Belgian Congo and Ruanda-Urundi, the Belgian Government intends to
reserve all the rights provided in the Annex in question, with the exception of the
right mentioned in Article 21 of that Annex.
08-06-1959
Making use of the right to adopt exceptional measures provided for in article 22 of Annex II of the Convention, Belgium has added the following provision to article 72 of the uniform law: "For the purposes of this article, Saturday will be treated as a legal holiday".
Brazil
26-08-1942
This accession is given subject to the reservations mentioned in Articles 2, 3, 5, 6, 7, 9, 10, 13, 15, 16, 17, 19 and 20 of Annex II to the Convention.
Denmark
27-07-1932
The undertaking by the Government of the King to introduce in Denmark the Uniform
Law forming Annex I to this Convention is subject to the reservations referred to
in Articles 10, 14, 15, 17, 18 and 20 of Annex II to the said Convention.
The Government of the King, by its acceptance of this Convention, does not intend
to assume any obligations as regards Greenland.
31-01-1966
As from December 1, 1965, the Danish laws giving effect to the uniform legislation
introduced by the Convention were amended to provide that Saturdays shall be assimilated
to legal holidays. This communication should be considered as a notification made
in accordance with the third paragraph of article I of the Convention.
The declaration made on its behalf under article X, paragraph 1, of the Convention
upon its ratification to the effect that it "does not intend to assume any obligations
as regards Greenland", should be considered as withdrawn as from 1 July 1965.
Finland
31-08-1932
This ratification is subject to the reservations mentioned in Articles 14 and 20 of Annex II to this Convention, and Finland has availed itself of the right granted to the High Contracting Parties by Articles 15, 17 and 18 of the said Annex to legislate on the matters referred to therein.
29-07-1966
As from 1 June 1966, the First of May an Saturdays of Jue, July and August shall be assimilated to legal holidays. This communication should be considered as a notification made in accordance with the third paragraph of article I of the Convention.
06-06-1977
As from 1 April 1968, the Finnish laws giving effect to the uniform legislation introduced by the two Conventions were amended to provide that Staturdays throughout the year shall be assimilated to legal holidays. This communication should be considered as a notification made in accordance with the third paragraph of article I [of the Convention].
France
27-04-1936
Declares that Articles 1, 2, 3, 4, 5, 6, 10, 11, 13, 15, 16, 17, 18, 19, 20, 22 and 23 of Annex II to this Convention are being applied.
20-10-1937
... in consequence of certain changes introduced into French legislation regarding
the maturity of commercial bills by the Decree-Law of August 31st, 1937, the holder
of a bill of exchange may, in accordance with Article 38 of the Uniform Law for Bills
of Exchange and Promissory Notes (Annex I to the Convention), present it, not only
on the day on which it is payable, but either on that day or on one of the two following
business days.
Consequently, the reservation made in this respect by France, on her accession to
the Convention, concerning Article 5 of Annex II to the said instrument ceases to
apply.
Germany
03-10-1933
This ratification is given subject to the reservations mentioned in Articles 6, 10
, 1 3, 14, 15, 17, 19 and 20 of Annex II to the Convention.
All the parties to this Convention have agreed to consider the instrument of ratification
deposited by this country, after the date stipulated in the Convention, as valid.
The Japanese Government, however, is of opinion that this ratification has the character
of an accession.
Greece
31-08-1931
Subject to the following reservations with regard to Annex II:
Article 8: Paragraphs 1 and 3.
Article 9: As regards bills payable at a fixed date, or at a fixed period after date
or after sight.
Article 13.
Article 15: (a) Proceedings against a drawer or endorser who has made an inequitable
gain; (b) Same proceedings against an acceptor who has made an inequitable gain. "These
proceedings shall be taken within a period of five years counting from the date of
the bill of exchange."
Article 17: The provisions of Greek law relating to short-term limitations shall apply.
Article 20: The above-mentioned reservations apply equally to promissory notes.
Hungary
05-01-1966
In respect of bills of exchange and promissory notes, no payment may be demanded in Hungary on legal holidays, namely: l January (New Year's Day), 4 April (Liberation Day), 1 May (Labour Day), 20 August (Constitution Day), 7 November (Anniversary of the October Socialist Revolution), 25 December (Christmas Day), 26 December (Boxing Day), Easter Monday, and weekly rest days (usually Sundays).
25-03-1985
In the circulation of bills of exchange between inlanders the protest may be replaced
by a dated statement, written on the bill of exchange itself and signed by the drawee
and the third person making the payment /Article 8,/ Annex 2, respectively, unless
an authentic protest is required by the drawer in the wording of the bill of exchange.
In the case mentioned in the above paragraph it is deemed that an undated negotiation
of bill is dated as before the date of the protest.
21-06-1985
1) As regards conformity with Article 8 of Annex II, the wording "signed by the drawee
and the third person making the payment, respectively" is intended by the competent
Hungarian financial organs to express that the statement of the person to whom the
bill of exchange is payable is required. If the bill of exchange is not domiciled
with a named person for payment, the drawee's statement is required. In the case of
an instrument domiciled with a named person payment, the statement signed by that
named person is required.
2) The wording in regard to bills of exchange domiciled with a named person for payment
had to be expanded for two reasons:
a. As the third person named for payment can be consid ered as the drawee's "cashier",
it is logical to authorize him to make the statement in case of non-payment.
b. A domiciled bill of exchange is to be presented for payment at maturity at the
domicile. If the statement of the third person named for payment could not be accepted
in lieu of protest and the statement of the drawee should therefore be obtained, it
would often cause practically insurmountable difficulties in reaching the drawee within
two and a half business days of frustrated payment.
Attention is called in this respect to the fact that the same solution is adopted
by Art. 56, para. /3/, of the Draft Convention on International Bills of Exchange
and International Promissory Notes /A/CN9/211/ prepared by the Working Group on International
Negotiable Instruments.
Italy
31-08-1932
The Italian Government reserves the right to avail itself of the right granted in Articles 2, 8, 10, 13, 15, 16, 17, 19 and 20 of Annex II to this Convention.
Japan
31-08-1932
This ratification is given subject to the right referred to in the provisions mentioned in Annex II to this Convention, in virtue of Article 1, paragraph 2.
Kyrgyzstan
01-08-2003
Reservations:
Article 1. Individuals and legal entities of the Kyrgyz Republic shall have the right
to undertake obligations arising from bills of exchange and promissory notes.
Organs of the executive power structure may assume obligations under bills of exchange
in the cases and under the procedure envisaged in the legislation of the Kyrgyz Republic.
Article 2. A bill of exchange may be drawn up only on paper (paper product).
Article 3. The clearing-houses referred to in Annex I, article 38, second paragraph
of the Convention shall mean financial and credit institutions in possession of a
licence from the National Bank of the Kyrgyz Republic to conduct operations for servicing
bank accounts.
Article 4. Pursuant to Annex II, article 7 of the Convention, and by derogation from
the obligation envisaged in Annex I, article 41, third paragraph of the Convention,
a bill of exchange may be issued and payable in foreign currency if in the place of
payment indicated in the bill of exchange, payment of the bill of exchange is possible
in the currency indicated therein in accordance with the legislation in force in the
State in which the payment is to be made.
Article 5. By derogation from Annex I, articles 48 and 49 of the Convention, and pursuant
to Annex II, articles 13 and 14 of the Convention, as regards a bill of exchange which
is issued and payable in the territory of the Kyrgyz Republic, the interest must be
paid at the rate established by the National Bank of the Kyrgyz Republic, unless otherwise
stipulated by an international treaty concluded and ratified under the procedure established
by law.
Article 6. On the basis of Annex II, article 16 of the Convention, the drawer of a
bill of exchange must provide the necessary cover for possible extinction of the obligation
under the bill of exchange at maturity.
Article 7. Pursuant to annex II, article 17 of the Convention, with regard to determining
the causes of interruption or suspension of limitation in the case of actions on bills
of exchange, the provisions of the first part of the Civil Code of the Kyrgyz Republic
shall apply.
Article 8. In accordance with Annex II, article 19 of the Convention, the denomination
of a promissory note must include the words "promissory note".
Article 9. All the reservations envisaged in this act shall apply also to promissory
notes.
Luxembourg
05-03-1963
The instrument of ratification stipulates that the Government of Luxembourg, in accordance with article 1 of the Convention, avails itself of all the reservations provided in articles 1, 4, 11, 12, 13, 15, 16, 18, 19 and 20 of Annex II to the Convention.
Netherlands, the Kingdom of the
20-08-1932
This ratification is subject to the reservation mentioned in Annex II to the Convention.
Norway
27-07-1932
This ratification is subject to the reservations mentioned in Articles 14 and 20 of Annex II to the Convention, and the Royal Norwegian Government reserves the right, at the same time, to avail itself of the right granted to each of the High Contracting Parties by Articles 10, 15, 17 and 18 of the said Annex to legislate on the matters referred to therein.
15-04-1970
... that as from 1 June 1970, legislation would be promulgated in Norway assimilating Saturdays and the first day of the month of May to legal holidays.
Poland
19-12-1936
This accession is given subject to the reservations mentioned in Articles 2, 6, 7, 10, 11, 13, 14, 15, 17, 19, 20, 21, paragraph 2, and 22 of Annex II to the Convention.
Portugal
08-06-1934
All the parties to this Convention have agreed to consider the instrument of ratification deposited by this country, after the date stipulated in the Convention, as valid. The Japanese Government, however, is of opinion that this ratification has the character of an accession.
Russian Federation
25-11-1936
Subject to the reservation mentioned in Annex II to the Convention.
Sweden
27-07-1932
This ratification is subject to the reservations mentioned in Articles 14 and 20 of Annex II to the Convention, and the Royal Swedish Government has availed itself of the right granted to the High Contracting Parties by Articles 10, 15 and 17 of the said Annex to legislate on the matters referred to therein.
16-05-1961
[...] that the Swedish Government, after having obtained the approval of the Parliament, promulgated on 7 April 1961 the law under which Saturdays from 1 June to 30 September of each year shall be assimilated to legal holidays for the purposes including the presentation for acceptance or payment and all other acts relating to bills of exchange. The Government of Sweden further requested that this communication be considered as a notification of reservations made in accordance with the third paragraph of article I of the Convention.
18-06-1965
On 26 May 1965, the Swedish Government, with the approval of the Parliament, promulgated legal provisions under which the Swedish law giving effect to the uniform legislation introduced by the Convention was amended to provide that Saturdays shall be assimilated to legal holidays, as is already the case with the Saturdays of April, May, June, July, August and September. These provisions will enter into force on 1 October 1965.
Switzerland
26-08-1932
This ratification is given subject to the reservations mentioned in Articles 2, 6,
14 , 1 5, 16, 17, 18 and 19 of Annex II.
According to a declaration made by the Swiss Government when depositing the instrument
of ratification of this Convention, the latter was to take effect, in respect of Switzerland,
only after the adoption of a law revising Sections XXIV to XXXIII of the Federal Code
of Obligations or, if necessary, of a special law regarding bills of exchange, promissory
notes and cheques. The law above referred to having entered into force on July 1st,
1937, the Convention took effect, for Switzerland, as from that date.
Ukraine
08-10-1999
This accession is subject to the reservations mentioned in Annex II to the Convention.