I. – Notwithstanding the absence, insufficiency or unavailability of funds, the drawee must pay all cheques:
1. Issued on a form which has not been returned to the drawee in accordance with the conditions set out in Article L. 131-73, unless the drawee can prove that it has taken the steps set out in that Article;
2. Issued using a form that it has issued in breach of the provisions of Article L. 131-72 and of the third paragraph of Article L. 163-6, or using a form that it has issued to a new customer when the latter was subject to a conviction on the basis of the second paragraph of Article L. 163-6 or to a prohibition issued on the basis of the second paragraph of Article L. 163-6. 163-6 or a prohibition issued pursuant to the first paragraph of article L. 131-73 and whose name appeared for these reasons in the Banque de France file centralising cheque payment incidents.
II. – A drawee who refuses to pay a cheque issued on one of the forms referred to in I is jointly and severally liable to pay, in addition to a sum equal to the amount of the cheque, any damages awarded to the bearer as a result of non-payment.
Where the drawee has refused payment of a cheque, it must be able to justify that it has complied with the legal and regulatory requirements relating to the opening of the account and the issue of cheque forms, as well as the legal and regulatory obligations arising from payment incidents, in particular with regard to the order to return the cheque forms.