The holder of an endorseable cheque is deemed to be a rightful bearer if he proves his right by an uninterrupted series of endorsements, even if the last endorsement is blank. Crossed-out endorsements are deemed to be unwritten. When a blank endorsement is followed by another endorsement, the signatory of the latter is deemed to have acquired the cheque through the blank endorsement.
An endorsement on a bearer cheque makes the endorser liable under the provisions governing recourse; moreover, it does not convert the instrument into a promissory cheque.
When a person has been dispossessed of a promissory cheque by any event whatsoever, the beneficiary who proves his right in the manner indicated in article L. 131-22 is only obliged to dispose of the cheque if he acquired it in bad faith or if, in acquiring it, he committed gross negligence.
Persons sued by virtue of the cheque may not raise against the bearer defences based on their personal relationship with the drawer or with previous bearers, unless the bearer, in acquiring the cheque, has acted knowingly to the detriment of the debtor.
Where the endorsement contains the words “valeur en recouvrement”, “pour encaissement”, “par procuration”, or any other words implying a simple mandate, the bearer may exercise all the rights arising from the cheque, but may only endorse the cheque by way of power of attorney. In this case, the debtors may only invoke against the bearer the defences that may be invoked against the endorser. The mandate contained in an endorsement…
An endorsement made after the protest or after the expiry of the time limit for presentation only produces the effects of an ordinary assignment. In the absence of proof to the contrary, an undated endorsement is presumed to have been made before the protest or before the expiry of the time limit for presentation. It is forbidden to backdate orders on pain of forgery.
The payment of a cheque may be guaranteed for all or part of its amount by a guarantee. This guarantee is provided by a third party, other than the drawee, or even by a signatory to the cheque.
The guarantee is given either on the cheque or on an allonge, or by a separate document indicating the place where it was made. It is expressed by the words “bon pour aval” or any other equivalent wording; it is signed by the giver of the guarantee. It is considered to result solely from the signature of the giver of the guarantee, affixed to the front of the cheque, except…
The guarantor is bound in the same way as the person he has guaranteed. His undertaking is valid even if the obligation he has guaranteed would be null and void for any reason other than a formal defect. When he pays the cheque, the guarantor acquires the rights resulting from the cheque against the guaranteed party and against those who are liable to the guaranteed party by virtue of the…
Cheques are payable on demand. Any statement to the contrary is deemed to be unwritten. Cheques presented for payment before the day indicated as the date of issue are payable on the day of presentation.
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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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