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.
The provisions of articles R. 511-2 to R. 511-11 of the French Commercial Code apply to protests drawn up for non-payment of a cheque.
A drawee who refuses payment of all or part of a cheque for lack of sufficient funds records the incident no later than the second business day following the refusal of payment. Where the holder has issued the cheque in breach of a ban that is still in force, this period expires no later than the fifth business day following the refusal of payment. The drawee makes a record under…
The drawee banker’s record of cheque payment incidents due to insufficient funds includes the following information for each incident: 1° The account number, whether it is an individual account or a collective account, and information enabling the precise identification of the drawee ; 2° The name or corporate name of the account holder, his address and : a) if the account holder is a natural person, the first names, date…
Any banker who receives notice from the Banque de France, pursuant to article R. 131-42, of a ban on issuing cheques concerning a person holding an account in his establishment shall record this notice no later than the third working day following receipt. It shall also mention the date on which it was notified of the ban. It records the lifting of the ban under the same conditions.
Incidents are recorded in chronological order, each assigned a number in an unbroken annual series. The records provided for in articles R. 131-12 and R. 131-13 are kept and must be able to be substantiated for one year from the date of regularisation or, failing that, for five years from the date of the injunction.
A drawee who has refused to pay all or part of a cheque for lack of sufficient funds shall send the account holder the injunction provided for in article L. 131-73 by registered letter with acknowledgement of receipt. It specifies the number and amount of the cheque for which payment could not be guaranteed, as well as the status of the account on the date payment was refused. It enjoins…
The injunction letter specifies the means by which the right to regularise may be exercised.
When a payment incident occurs on the same account after a previous incident that has not been cleared, a new injunction is sent by simple letter. The holder is informed that the current ban will continue to apply until all unpaid cheques have been cleared.
The injunctions provided for in this paragraph are sent by the drawee to the account holder even if the account on which the cheque or cheques were drawn has been closed. This obligation ceases at the end of a period of one year from the date on which the account is closed.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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