Article R131-1 of the French Monetary and Financial Code
For the purposes of this chapter, “banker” means credit institutions and institutions, departments or persons authorised to maintain accounts from which cheques may be drawn.
Home | French Legislation Articles | French Monetary and Financial Code | Regulatory part | Book I: Money | Title III: Cashless money instruments | Chapter I: Bank cheques
For the purposes of this chapter, “banker” means credit institutions and institutions, departments or persons authorised to maintain accounts from which cheques may be drawn.
The Banque de France and the supervisory authorities for each category of institution concerned shall ensure that bankers comply with the provisions of this chapter, in accordance with the legislative provisions in force.
Certification is achieved by the drawee affixing to the cheque a form containing, in addition to his signature, details of the certification and the date thereof, the amount for which the cheque was drawn up and the name of the drawee institution. These details must be affixed using an indelible marking or printing process offering every guarantee of security. In all cases where the delivery of a certified cheque is…
The periods provided for in this chapter do not include the day from which they start.
The presentation and protest of a cheque may only be made on a business day. Where the last day of the period set for the performance of the acts relating to the cheque, and in particular for the presentation or for the drawing up of the protest, is a public holiday, this period is extended until the first working day following its expiry. Intermediate public holidays are included in the…
Any person to whom a cheque is given to pay for goods or services may, directly or through an agent, check with the Banque de France to ensure that the cheque has not been reported stolen or lost, drawn on a closed account or issued by a person subject to a judicial or banking ban. Payment is made for this service.
The Banque de France shall provide each person wishing to carry out the checks referred to in Article R. 131-5, or have them carried out by an authorised representative, with an access code for the file set up for this purpose.
The person consulting the file indicates the access code allocated to him. In the case of a proxy, the proxy must indicate his or her own access code and that of the payee of the cheque. The query includes the following information as it appears on the cheque presented: a) The form number ; b) Precise identification of the drawee; c) The drawer’s bank details.
The Banque de France’s reply is sent without delay to the person consulting the file. In the case of a proxy, the proxy shall inform the principal without delay. When the Banque de France finds that a cheque has not been properly issued for one of the reasons mentioned in the first paragraph of Article R. 131-5, it informs the person who consulted the file without indicating the nature of…
The Banque de France shall inform any person carrying out the checks provided for in this sub-section that the dissemination and retention by any person of the information obtained is prohibited, subject to the penalties provided for in Article 226-21 of the Criminal Code.
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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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