Book I: Money

Cheque forms other than those issued for a withdrawal of funds by the drawer from the drawee or for certification may not, subject to the provisions of Article L. 131-78 and under the conditions set out in that Article, be issued to the holder of an account or to his authorised representative following a payment incident recorded in the name of the account holder for lack of sufficient funds, where…

The drawee banker may, after informing the account holder of the consequences of insufficient funds by any appropriate means made available by the drawee banker, refuse to pay a cheque on the grounds of insufficient funds. The drawee banker must instruct the account holder to return to all the bankers of which he is a client the cheque forms in his possession or in the possession of his agents, and…

Any payment made by the drawer to the account from which the unpaid cheque was issued is allocated first and foremost to the constitution of a provision for full payment of the cheque.

The holder of an account who has been served with an injunction to stop issuing cheques shall recover this right as soon as he has regularised the situation in accordance with the conditions set out in Article L. 131-73. If the account holder has not rectified the situation, the right to issue cheques will not be restored until five years have elapsed from the date of the injunction.

Disputes relating to the cheque-writing ban are referred to the civil courts. Legal action before the civil court has no suspensive effect. However, the court seised may, even in summary proceedings, order the suspension of the cheque-writing ban if there is a serious dispute.

Where a payment incident is the fault of any one of the holders of a collective account, with or without joint and several liability, the provisions of articles L. 131-72 and L. 131-73 shall apply ipso jure to whichever of the holders has been designated for this purpose by mutual agreement, both in respect of this account and in respect of any other accounts of which he or she may…

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…

The drawee must pay, notwithstanding the absence, insufficiency or unavailability of funds, any cheque drawn on a form issued by it for an amount equal to or less than 15 euros, the account holder and the drawee being legally deemed to have entered into an irrevocable credit agreement at the time the form was issued. The obligation of the drawee resulting from the provisions of this article is not subject…

A drawee who has paid a cheque despite the absence, insufficiency or unavailability of funds shall, except in the case provided for in the first paragraph of II of Article L. 131-81, be subrogated to the rights of the bearer to the extent of the sum advanced by the drawee; to this end, the drawee may have the absence or insufficiency of the available funds recorded by a deed drawn…

The drawee who has refused payment of a cheque for lack of sufficient funds or who has closed an account on which cheque forms have been issued or who has registered a stop payment order for loss or theft of cheques or cheque forms shall notify the Banque de France.