When the last day of the period allowed for the completion of the act of notification of the non-execution of the money transfer order or postal cheque is a public holiday, this period is extended until the first working day following its expiry. Intermediate public holidays are included in the calculation of the period. Legal public holidays are treated in the same way as days on which, under the laws in force, no payment may be demanded or no protest drawn up.
The drawee of the bill of exchange who receives the notification must, if he does not pay the bill of exchange as well as the costs of notification and, if applicable, of the protest of the cheque, return the bill of exchange to the instrumental ministerial officer. The latter shall immediately draw up the protest in the absence of payment of the bill of exchange.
If the drawee does not return the bill of exchange, a protest deed is immediately drawn up. The failure to return it is recorded therein. In this case, the third party bearer is exempt from complying with the provisions of articles L. 511-33 and L. 511-34.
Failure to return a bill of exchange constitutes an offence punishable by the penalties set out in articles 314-1and 314-10 of the Penal Code.