If a cheque is lost, the person to whom it belongs may pursue payment from a second, third, fourth, etc. cheque. If the person who lost the cheque cannot represent the second, third, fourth, etc., he may request payment of the lost cheque and obtain it by order of the judge by proving his ownership by his books and by giving security. In all the provisions of this chapter relating…
In the event of a refusal to pay, on the request made pursuant to Article L. 131-40, the owner of the lost cheque retains all his rights by means of a protest deed. This protest must be made no later than the first working day following the expiry of the presentation period. The notices prescribed by article L. 131-49 must be given to the drawer and endorsers within the time…
To obtain a second lost cheque, the owner of the cheque must contact the immediate endorser, who is required to lend his name and care to act towards his own endorser, going from endorser to endorser right up to the drawer of the cheque. The owner of the lost cheque bears the costs.
The guarantor’s undertaking referred to in article L. 131-40 is extinguished after six months if, during that time, there have been no claims or legal proceedings.
The drawer or bearer of a cheque may cross it with the effects indicated in the following article. The cheque is crossed by means of two parallel bars on the front. It may be general or special. The bar is general if it does not bear any designation or the word “banker” or an equivalent term between the two bars; it is special if the name of a banker is…
A cheque with a general bar may only be paid by the drawee to a banker, an electronic money institution, a payment institution, a head of a postal cheque centre or a customer of the drawee. A specially crossed cheque may only be paid by the drawee to the banker, electronic money institution or designated payment institution or, if the banker is the drawee, to its customer. However, the banker,…
Cheques issued abroad and payable in France are treated as crossed cheques.
The bearer may exercise his rights of recourse against the endorsers, the drawer and the other debtors, if the cheque, presented in due time, is not paid and if the refusal to pay is recorded in an authentic instrument called a protest.
The protest must be made before the expiry of the time limit for presentation. If presentation takes place on the last day of the period, the protest may be drawn up on the next working day.
The bearer must give notice of non-payment to his endorser and to the drawer within four working days of the day of protest and, in the case of a no-fee return clause, on the day of presentation. Where the cheque indicates the name and address of the drawer, notaries and bailiffs are obliged, on pain of damages, to inform the drawer within forty-eight hours of registration, by registered letter, of…
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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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