A cheque written in both words and figures is only valid for the amount written in words in the event of a difference. Where a cheque is written more than once, either in words or in figures, the difference shall be deemed to be the lesser amount.
If the cheque bears the signatures of persons incapable of binding themselves by cheque, or forged signatures, or signatures of fictitious persons, or signatures which for any other reason cannot bind the persons who signed the cheque, or in whose name it was signed, the obligations of the other signatories are none the less valid.
A person who signs a cheque as the representative of a person for whom he had no authority to act is himself obligated under the cheque and, if he has paid, has the same rights as the purported principal would have had. The same applies to a representative who has exceeded his powers.
The drawer guarantees payment. Any clause by which the drawer exonerates himself from this guarantee shall be deemed unwritten.
Any cheque for which the corresponding funds are available to the drawer must be certified by the drawee if the drawer or bearer so requests, unless the drawee replaces the cheque with a cheque issued under the conditions set out in the third paragraph of article L. 131-7. The certified cheque remains blocked, under the responsibility of the drawee, in favour of the bearer until the end of the presentation…
Anyone handing over a cheque for payment must prove their identity by means of an official document bearing their photograph.
A cheque made payable to a named person with or without an express “to order” clause is transferable by endorsement. A cheque payable to a named person with a “not to order” clause or an equivalent clause is transferable only in the form and with the effects of an ordinary assignment.
The endorsement may also be made for the benefit of the drawer or any other obligor. These persons may endorse the cheque again.
The endorsement must be pure and simple. Any condition to which it is subject is deemed unwritten. Partial endorsement is null and void. The endorsement of the drawee is also null and void. A bearer endorsement is equivalent to a blank endorsement. Endorsement to the drawee is only valid as a receipt, except in the case where the drawee has several establishments and the endorsement is made in favour of…
The endorsement must be written on the cheque or on a sheet of paper attached to it, known as an allonge. It must be signed by the endorser. The endorser’s signature is affixed either by hand or by any non-handwritten method. The endorsement may not name the beneficiary or may simply consist of the endorser’s signature, known as a blank endorsement. In the latter case, to be valid, the endorsement…
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75001, Paris France
RCS Paris n°814433470
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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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