Pursuant to articles L. 733-18 and L. 743-1 of the French Consumer Code, the cancellation of a debt corresponding to the amount of an unpaid cheque is deemed to constitute regularisation of the incident. The drawer provides proof of this deletion to the drawee by submitting the certificate referred to in articles R. 733-18 and R. 743-1 of the same code.
In cases other than those provided for in articles R. 131-20, R. 131-21 and R. 131-21-1, the incident is regularised when, at the request of the drawer, a blocked provision earmarked for the actual payment of the cheque is set up. The funds referred to in the first paragraph become available again after a period of one year, if they have not been used when the unpaid cheque is presented…
When all incidents that have occurred on the account have been regularised in accordance with the procedures set out in this sub-section, a document certifying this regularisation is given or sent to the account holder by the drawee. The account holder is also informed of his situation with regard to the provisions applicable to the prevention and punishment of cheque-related offences. Account holders are informed that they will only be…
A joint order of the Minister of Justice and the Minister of the Economy shall specify the information that must be included in the injunctions, notices and other documents provided for in this sub-section. The provisions of this paragraph shall apply separately to each of the accounts held by the person concerned.
The bank charges levied by the drawee for the rejection of a cheque for insufficient or no funds include all sums invoiced by the drawee to the account holder, regardless of the denomination and justification of these sums. In particular, the costs generated by the drawee’s obligation, under article L. 131-73, to inform the account holder of the lack of funds are included in the costs mentioned in the first…
The notice of non-payment for insufficient funds drawn up pursuant to article L. 131-84 must include all the information provided for in 1°, 2°, 4°, 5°, 6° and 8° of article R. 131-12, as well as the registration number of the incident with the drawee. This notice is sent to the Banque de France no later than the second business day following the refusal to pay the cheque. Where the…
The Banque de France cancels the declaration of a payment incident at the request of the drawee in the following cases: 1° When the refusal to pay or the issuing of the non-payment advice note is the result of an error by the drawee ; 2° When it is established by the account holder that an event not attributable to one of the persons authorised to draw cheques on the…
The decisions referred to in Article 103-1 of Decree no. 85-1388 of 27 December 1985 on the reorganisation and judicial liquidation of companies are forwarded by the Banque de France to each banker who has reported cheque payment incidents, within two working days of their notification to the Banque de France. In the event of suspension of the effects of a cheque-writing ban, the drawee shall forward to the Banque…
In the event of suspension of the effects of a cheque-writing ban pursuant to Article L. 643-12 of the French Commercial Code, the drawee shall send the Banque de France, no later than the second business day following the debtor’s submission of the copy of the closing judgement accompanied by the statement of payment incidents, the requests for cancellation of each of the incident declarations concerning cheques issued prior to…
If the cheque-writing ban suspended pursuant to article L. 643-12 of the French Commercial Code is reinstated, the order referred to in article 154-2 of decree no. 85-1388 of 27 December 1985 on the judicial reorganisation and liquidation of companies is sent by the Banque de France to each banker who has declared one or more payment incidents, together with the statement of incidents sent by the court clerk, within…
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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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