Section 12: Payment incidents and penalties

A drawee who has refused payment of all or part of a cheque for lack of sufficient funds must draw up a certificate of rejection of the cheque for the payee. This certificate states that the drawer is deprived of the right to issue cheques and that this right will only be recovered after a period of five years if the amount of the cheque is not paid. It specifies…

Where the drawee has refused payment of a cheque for a reason other than the absence or inadequacy of the funds in reserve, and where the funds in reserve are insufficient to allow payment, the drawee must draw up a notice for the payee stating the precise reason for the refusal and mentioning the inadequacy of the funds in reserve. The notice is attached to the cheque when it is…

The certificate of non-payment provided for in article L. 131-73 must comply with a model set by joint order of the Minister of Justice and the Minister of the Economy. It must include all information required to identify the drawer and the drawee, as well as the number and amount of the cheque for which payment has been refused. This certificate is issued by the drawee no later than fifteen…

Where the account holder is subject to compulsory registration in the Trade and Companies Register or the National Register of Companies as a business in the trades and crafts sector and the amount of the unpaid cheque exceeds an amount determined by joint order of the Minister of Justice, Minister of Justice, and the Minister for the Economy, the drawee shall notify the clerk of the commercial court or, where…

The drawee must be able to prove, for a period of two years, the date on which it delivered or sent the cheque forms to the account holder.