Cheques may only be drawn on a credit institution, an investment services provider other than a portfolio management company, the French Treasury, the Caisse des Dépôts et Consignations or the Banque de France, which has funds available to the drawer at the time the instrument is created and in accordance with an express or tacit agreement according to which the drawer has the right to dispose of these funds by cheque.
The funds must be provided by the drawer or by the person on whose behalf the cheque is drawn, without the drawer ceasing to be personally obliged towards the endorsers and the bearer alone.
The drawer alone is obliged to prove, in the event of denial, that those on whom the cheque was drawn had funds at the time the instrument was created; otherwise, he is obliged to guarantee it even if the protest was made after the time limits set.
Instruments drawn and payable in France in the form of cheques on any person other than those mentioned in the first paragraph of this article are not valid as cheques.