Independently of the formalities prescribed for the exercise of the action in warranty, the bearer of a bill of exchange protested for lack of payment may, by obtaining the permission of the judge, seize conservatorily the movable effects of the drawers, acceptors and endorsers.
Protests in the absence of acceptance or payment shall be made by a notary or by a bailiff. The protest must be made by one and the same act: 1° At the domicile of the person on whom the bill of exchange was payable, or at his last known domicile; 2° At the domicile of the persons indicated by the bill of exchange to pay it if necessary; 3° At…
The act of protest contains the literal transcription of the bill of exchange, the acceptance, endorsements and recommendations indicated therein, the summons to pay the amount of the bill of exchange. It states the presence or absence of the person required to pay, the reasons for refusal to pay and impotence or refusal to sign.
No act on the part of the bearer of the bill of exchange may replace the act of protest, except in the cases provided for by articles L. 511-32 to L. 511-37 and by articles L. 511-40 and L. 511-41.
Notaries and bailiffs are required, on pain of dismissal, costs, damages to the parties, to leave an exact copy of the protests. Subject to the same penalties, they are also required to deliver against receipt to the clerk of the commercial court or of the judicial court ruling commercially at the debtor’s domicile, or to send him by registered letter with acknowledgement of receipt, an exact copy of protests in…
The clerk of the commercial court shall regularly update, on the basis of denunciations made to him by notaries and bailiffs, a statement by name and by debtor of protests for non-payment of accepted bills of exchange, promissory notes and cheques as well as certificates of non-payment of postal cheques which are denounced to him by postal cheque centres. This statement includes the information listed by decree.
After the expiry of a period of one month from the date of the protest or the drawing up of the certificate of non-payment of the postal cheque and for a period of one year from the same date, any claimant may be issued, at his own expense, by the registrars of the aforementioned courts, with an extract from the nominative statement provided for in Article L. 511-56.
Upon deposit against a receipt by the debtor of the bill of exchange and the protest of the postal cheque and the certificate of non-payment or a receipt recording payment of the cheque, the clerk of the commercial court shall, at the debtor’s expense, carry out the deletion of the protest notice or the certificate of non-payment from the statement drawn up pursuant to Article L. 511-56, the deletion of…
Any publication, in any form whatsoever, of statements drawn up under the provisions of this sub-section is prohibited on pain of damages.
A decree in the Conseil d’Etat shall determine the terms and conditions for the application of the provisions of this sub-section. In particular, it shall set the amount of remuneration payable to notaries or bailiffs who have drawn up protests and to commercial court registrars for the various formalities for which they are responsible.
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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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