Refusal of acceptance or payment must be recorded in a notarised deed known as a protest faute d’acceptation or faute de paiement.
The protest in default of acceptance must be made within the time limits fixed for presentation for acceptance. If, in the case provided for in the first paragraph of Article L. 511-16, the first presentation took place on the last day of the time limit, the protest may still be drawn up on the following day.
The protest for non-payment of a bill of exchange payable on a fixed day or on a certain date or sight period must be drawn up on one of the two working days following the day on which the bill of exchange is payable. If it is a bill payable at sight, the protest must be drawn up under the conditions indicated in the previous paragraph for drawing up the protest in default of acceptance.
The protest in default of acceptance dispenses with the presentation for payment and the protest in default of payment.
In the event of cessation of payment by the drawee, whether acceptor or not, or in the event of seizure of his property remaining unsuccessful, the bearer may exercise his remedies only after presentation of the letter to the drawee for payment and after preparation of a protest.
In the event of the receivership or liquidation of the drawee, whether acceptor or not, and in the event of the receivership or liquidation of the drawer of a non-acceptable letter, the production of the declaratory judgment is sufficient to enable the bearer to exercise his recourse.