Subsection 1: Forms

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…