A drawee who has refused payment of all or part of a cheque for lack of sufficient funds must draw up a certificate of rejection of the cheque for the payee.
This certificate states that the drawer is deprived of the right to issue cheques and that this right will only be recovered after a period of five years if the amount of the cheque is not paid.
It specifies that the drawee is not obliged to pay the cheque pursuant to 1 and 2 of I of article L. 131-81 and article L. 131-82. If the cheque has been issued in defiance of an injunction issued pursuant to Article L. 131-73 or in breach of a prohibition issued pursuant to Article L. 163-6, the drawee shall state that it is able to provide the evidence required by Article L. 131-81, I, 1.
Lastly, the certificate states that if payment has not been made or the provision has not been made within thirty days of the first presentation, a certificate of non-payment may, at the request of the beneficiary, be issued under the terms of article L. 131-73. The certificate is attached to the cheque when it is returned to the presenter.
The documents given to the payee include the information listed in article R. 131-12.