The Banque de France will provide any magistrate or judicial police officer acting on the instructions of the public prosecutor or on a court order with a statement of payment incidents recorded in the name of an account holder.
Applications submitted under article R. 131-40 must specify : 1° Where it concerns a natural person, his surname, forenames, date and place of birth and, where applicable, the surname used ; 2° If it concerns a legal entity, its name or business name, its national company number if it has one, the address of its registered office and its legal form. In its response, the Banque de France indicates, if…
The Banque de France shall inform any banker concerned of any cheque-writing bans resulting from the application of Articles L. 131-73 or L. 163-6, no later than the second working day following receipt of the notice sent by the tax authorities pursuant to Article L. 131-85. Within the same timeframe, the Banque de France shall inform any banker concerned of the lifting of prohibitions resulting from the application of article…
The Banque de France shall provide bankers, finance companies, electronic money institutions and payment institutions, at their request, with information relating to cheque payment incidents recorded in its central file in the name of any person designated by the applicant.
All bankers must question the Banque de France before issuing cheque forms to a new account holder for the first time. The answers must be kept for two years.
At least once a month, the Banque de France sends all bankers information on the lifting of bans resulting from new court rulings. Recipients are deemed to be aware of the lifting of bans no later than the sixteenth day following the distribution by the Banque de France.
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…
Where the drawee has refused payment of a cheque for a reason other than the absence or inadequacy of the funds in reserve, and where the funds in reserve are insufficient to allow payment, the drawee must draw up a notice for the payee stating the precise reason for the refusal and mentioning the inadequacy of the funds in reserve. The notice is attached to the cheque when it is…
The certificate of non-payment provided for in article L. 131-73 must comply with a model set by joint order of the Minister of Justice and the Minister of the Economy. It must include all information required to identify the drawer and the drawee, as well as the number and amount of the cheque for which payment has been refused. This certificate is issued by the drawee no later than fifteen…
Where the account holder is subject to compulsory registration in the Trade and Companies Register or the National Register of Companies as a business in the trades and crafts sector and the amount of the unpaid cheque exceeds an amount determined by joint order of the Minister of Justice, Minister of Justice, and the Minister for the Economy, the drawee shall notify the clerk of the commercial court or, where…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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