French Business Law - French Legislation

Article R131-29 of the French Monetary and Financial Code

November 6, 2023

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…

Article R131-30 of the French Monetary and Financial Code

November 6, 2023

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…

Article R131-31 of the French Monetary and Financial Code

November 6, 2023

The drawee notifies the Banque de France of the adjustment no later than the second business day following the justification. Where the account holder has been the subject of several non-payment notices, the drawee informs the Banque de France in a single notice of the regularisation of all incidents.

Article R131-32 of the French Monetary and Financial Code

November 6, 2023

The banker shall notify the Banque de France of account closures other than those resulting from a transfer to its establishment and of stop payments as referred to in article L. 131-84 as soon as possible and no later than the first business day following the closure of the account or the stop payment. To this end, it shall provide the information specified in 1° of article R. 131-12 and,…

Article R131-33 of the French Monetary and Financial Code

November 6, 2023

When the prohibition provided for in article L. 163-6 has been imposed, the Public Prosecutor shall immediately notify the enforceable decision to the Banque de France, which shall acknowledge receipt. This notification includes the following information 1° The public prosecutor’s reference ; 2° The convicted person’s full civil status, last known address and, where applicable, the name under which the person is known; 3° An indication of the court that…

Article R131-34 of the French Monetary and Financial Code

November 6, 2023

A drawee who is presented with a cheque for payment issued on an account whose holder is subject to a ban implemented in connection with a previous incident must notify the Banque de France no later than the fifth business day following the presentation.

Article R131-35 of the French Monetary and Financial Code

November 6, 2023

The drawee to whom a cheque is presented for payment, issued on an account whose holder is subject to a ban imposed in application of article L. 163-6, must, when the date of presentation of the cheque falls within the period of application of this measure, declare this to the Banque de France no later than the fifth business day following the presentation.

Article R131-36 of the French Monetary and Financial Code

November 6, 2023

The declarations required by articles R. 131-34 and R. 131-35 must include all the information specified in 1°, 2°, 4°, 6° and 8° of article R. 131-12.

Article R131-37 of the French Monetary and Financial Code

November 6, 2023

When the cheque presented for payment must be declared to the Banque de France pursuant to the provisions of articles R. 131-34 and R. 131-35 and payment is refused for lack of sufficient funds, the declaration is made by a special note on the non-payment notice provided for in article R. 131-26, indicating that the cheque was issued in breach of the provisions of articles L. 131-73 or L. 163-6.

Article R131-38 of the French Monetary and Financial Code

November 6, 2023

The Banque de France may inform the Public Prosecutor and, at his request, provide him with information relating to cheque issues that have been reported to it as constituting a breach of a prohibition resulting from the application of Articles L. 131-73 or L. 163-6.

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Regulatory part

Article R131-29 of the French Monetary and Financial Code

Article R131-30 of the French Monetary and Financial Code

Article R131-31 of the French Monetary and Financial Code

Article R131-32 of the French Monetary and Financial Code

Article R131-33 of the French Monetary and Financial Code

Article R131-34 of the French Monetary and Financial Code

Article R131-35 of the French Monetary and Financial Code

Article R131-36 of the French Monetary and Financial Code

Article R131-37 of the French Monetary and Financial Code

Article R131-38 of the French Monetary and Financial Code

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