MONETARY AND FINANCIAL CODE
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MONETARY AND FINANCIAL CODE

Section 1: General provisions

Article L131-1

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
 (Law n ° 2006-387 of March 31, 2006 art. 26 II Official Journal of April 1, 2006)
In this chapter, the term: “banker” designates credit institutions and institutions, services or persons authorized to keep accounts on which checks may be drawn.

MONETARY AND FINANCIAL CODE
(Legislative Part)

Section 2: Creation and form of the check

Article L131-2

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
 The check contains:
1. The name of the check, inserted in the actual text of the title and expressed in the language used for the drafting of this title;
2. The pure and simple mandate to pay a specific sum;
3. The name of the person who must pay, named the drawee;
4. Indication of the place where payment is to be made;
5. Indication of the date and place where the check is created;
6. The signature of the person issuing the check, named the drawer.

Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-3

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
The title in which one of the statements indicated in article L. 131-2 is missing is not valid as a check, except in the cases determined by the following paragraphs.
In the absence of any special indication, the place designated next to the name of the drawee is deemed to be the place of payment. If several places are indicated next to the name of the drawee, the check is payable at the first place indicated.
In the absence of these indications or any other indication, the check is payable at the place where the drawee has his principal place of business.
The check without indication of the place of its creation is considered as subscribed in the place designated next to the name of the drawer.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-4

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
The check can only be drawn on a credit institution, an investment services provider, the Public Treasury, the Caisse des Dépôts et Consignations, the Banque de France, having at the time of the creation of the security, funds at the disposition of the drawer and in accordance with an express or tacit agreement according to which the drawer has the right to dispose of these funds by check.
The deposit must be made by the drawer or by the person on whose behalf the check will be drawn, without the drawer on behalf of a third party ceasing to be personally liable towards the endorsers and the bearer only.
The drawer alone is required to prove, in the event of denial, that those on whom the check was drawn had funds at the time of creation of the title; otherwise he is bound to guarantee it even though the protest has been made after the fixed time limits.
Securities drawn and payable in France in the form of checks on any person other than those mentioned in the first paragraph of this article are not valid as checks.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-5

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

Check cannot be accepted. A statement of acceptance on the check is deemed unwritten.
However, the drawee has the option of endorsing the check; the visa has the effect of establishing the existence of the provision on the date on which it is given.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-6

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

The check may be stipulated payable:
– to a named person, with or without an express clause “to order”;
– to a named person, with the “not to order” clause or an equivalent clause;
– to the bearer.
A check payable to a named person, marked “or to bearer” or an equivalent term, is valid as a check to bearer.
A check without indication of the beneficiary is valid as a bearer check.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-7

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

The check may be made payable to the drawer himself.
The check can be drawn on behalf of a third party.
The check cannot be drawn on the drawer himself, except in the case of a check drawn between different establishments of the same drawer and on condition that this check is not bearer.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-8

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

Any stipulation of interest inserted in the check is deemed unwritten.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-9

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

The check may be payable at the domicile of a third party either in the locality where the drawee has his domicile, or in another locality, provided however that the third party is a banker or a postal check center.
This direct debit cannot, moreover, be made against the will of the bearer, unless the check is crossed out and the direct debit takes place at the Banque de France, on the same place.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-10

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

The check, the amount of which is written both in words and in figures, is only valid, in the event of a difference, for the sum written in words.
The check, the amount of which is written several times, either in full or in figures, is only valid, in the event of a difference, for the smallest sum.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-11

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
If the check bears signatures of persons unable to oblige themselves by checks, false signatures or signatures of imaginary persons, or signatures which, for any other reason, could not oblige the persons who signed the check, or in the name which it was signed, the obligations of the other signatories are no less valid.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-12

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
Anyone who signs a check as a representative of a person for whom he did not have the power to act, is himself obligated by virtue of the check and, if he has paid, has the same rights as would have had the alleged represented. The same applies to a representative who has exceeded his powers.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-13

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
The drawer guarantees payment. Any clause by which the drawer exempts himself from this guarantee is deemed unwritten.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-14

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
Any check for which the corresponding provision exists at the disposal of the drawer must be certified by the drawee if the drawer or the holder so requests, except for the option for the drawee to replace this check by a check issued under the conditions provided for in the third paragraph of Article L. 131-7.
The provision of the certified check remains, under the responsibility of the drawee, blocked for the benefit of the bearer until the end of the presentation period set by article L. 131-32.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-15

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
Anyone who gives a check in payment must prove their identity by means of an official document bearing their photograph.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

MONETARY AND FINANCIAL CODE
(Legislative Part)

Section 3: Transmission

Article L131-16

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
The stipulated check payable to the benefit of a named person with or without an express clause “to order” is transferable by way of endorsement.
The stipulated check payable to the benefit of a named person with the “not to order” clause or an equivalent clause is only transferable in the form and with the effects of an ordinary transfer.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-17

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
The endorsement may be made even for the benefit of the drawer or any other obligated party. These people can endorse the check again.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-18

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

The endorsement must be straightforward. Any condition to which it is subject is deemed unwritten.
The partial endorsement is void.
The endorsement of the drawee is also void.
The bearer endorsement is valid as a blank endorsement.
An endorsement to the drawee is valid only as a receipt, except in the case where the drawee has several establishments and the endorsement is made for the benefit of an establishment other than the one on which the check was drawn.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-19

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

The endorsement must be entered on the check or on a sheet attached to it, called an allonge. It must be signed by the endorser. The latter’s signature is affixed, either by hand or by any non-handwritten process.
The endorsement may not name the beneficiary or may simply consist of the signature of the endorser named blank endorsement. In the latter case, the endorsement, to be valid, must be written on the back of the check or on the extension.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-20

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
The endorsement conveys all the rights resulting from the check and in particular the ownership of the deposit.
If the endorsement is blank, the holder may:
1. Fill in the blank, either with his name or with the name of another person;
2. Endorse the blank check again, or to another person;
3. Give the check to a third party, without filling in the blank and without endorsing it.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-21

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

The endorser is, unless otherwise provided, the guarantor of payment.
It can prohibit a new endorsement; in this case, he is not bound by the guarantee towards the persons to whom the check is subsequently endorsed.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-22

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
The holder of an endorsable check is considered a legitimate bearer if he can prove his right by an uninterrupted series of endorsements, even if the last endorsement is blank. Endorsements struck out are, in this regard, deemed unwritten. When a blank endorsement is followed by another endorsement, the signatory thereof is deemed to have acquired the check by the blank endorsement.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of July 2, 1990 in the version in force until
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-23

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

An endorsement on a bearer check makes the endorser liable under the provisions governing recourse; nor does it convert the title into a personal check.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-24

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

When a person has been dispossessed of a promissory check by any event whatsoever, the beneficiary who justifies his right in the manner indicated in article L. 131-22, is not required to relinquish the check. only if he has acquired it in bad faith or if, in acquiring it, he has committed a serious fault.

Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-25

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

Persons operated under the check may not set up against the bearer exceptions based on their personal relationship with the drawer or with previous bearers, unless the bearer, in acquiring the check, has knowingly acted to the detriment of the debtor.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-26

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
When the endorsement contains the words “value for collection”, “for collection”, “by proxy”, or any other mention involving a simple mandate, the bearer may exercise all the rights arising from the check, but he may not endorse it. here only as a proxy.
In this case, the obligees can only invoke against the bearer the exceptions opposable to the endorser.
The mandate contained in an endorsement of power of attorney does not end with the death of the mandator or the occurrence of his incapacity.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-27

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

An endorsement made after the protest or after the expiry of the time limit for presentation produces only the effects of an ordinary assignment.
Unless proved otherwise, an endorsement without a date is presumed to have been made before the protest or before the expiry of the time limit for presentation. It is forbidden to backdate hardly false orders.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

MONETARY AND FINANCIAL CODE
(Legislative Part)

Section 4: Downstream

Article L131-28

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

The payment of a check can be guaranteed for all or part of its amount by a guarantee.
This guarantee is provided by a third party, except the drawee, or even by a signatory of the check.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-29

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

The endorsement is given either on the check or on an extension, or by a separate document indicating the place where it took place.
It is expressed by the words “good for approval” or by any other equivalent formula; it is signed by the endorser.
It is considered as resulting from the signature of the giver of endorsement, affixed to the front of the check, except when it concerns the signature of the drawer.
The endorsement must indicate on whose behalf it is given. In the absence of this indication, it is deemed to be given for the shooter.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-30

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

The backer giver is bound in the same way as the one for whom he has vouched for.
Its commitment is valid, even though the obligation it has guaranteed would be null for any reason other than a defect in form.
When paying the check, the guarantor acquires the rights resulting from the check against the collateral and against those owed to the latter by virtue of      the check.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the           version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned     transfer date for December 31, 2005.

MONETARY AND FINANCIAL CODE
(Legislative Part)

Section 5: Presentation and payment

Article L131-31

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
he check is payable on sight. Any statement to the contrary is deemed unwritten.
The check presented for payment before the day indicated as the date of issue is payable on the day of presentation.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-32

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

Checks issued and payable in metropolitan France must be presented for payment within eight days.
Checks issued outside mainland France and payable in mainland France must be presented within either twenty days or seventy days, depending on whether the place of issue is located in Europe or outside Europe. Europe.
For the application of the previous paragraph, checks issued in a country bordering the Mediterranean are considered as issued in Europe.
The starting point for the deadlines indicated in the second paragraph is the day shown on the check as the date of issue.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-33

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
When a check payable in France is issued in a country where a calendar other than the Gregorian calendar is in use, the day of issue is reduced to the corresponding day of the Gregorian calendar.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II.

Article L131-34

Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
Presentation to a clearing house is equivalent to presentation for payment.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-35

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

The drawee must pay even after the expiration of the time limit for presentation. He must also pay even if the check was issued in violation of the injunction provided for in article L. 131-73 or the prohibition provided for in the second paragraph of article L. 163-6.
Opposition to payment by check is only permitted in the event of loss, theft or fraudulent use of the check, or judicial adjustment or liquidation of the bearer. The shooter must immediately confirm his opposition in writing, whatever the medium of this writing.
All bankers must inform account holders in writing of the penalties incurred in the event of
If, despite this defense, the drawer makes an opposition for other causes, the summary judge, even in the case where a main action is initiated, must, at the request of the bearer, order the withdrawal of the opposition.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-36

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
Neither the death of the drawer nor his incapacity occurring after the issue affects the effects of the check.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-37

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

The drawee may demand, by paying the check, that it be remitted to him paid by the bearer.
The holder cannot refuse a partial payment.
If the provision is less than the amount of the check, the holder has the right to demand payment up to the amount of the provision.
In the event of partial payment, the drawee may require that this payment be mentioned on the check and that a receipt be given to him.
This receipt, issued on a separate title, enjoys the same exemption from stamp duty as the receipt given on the check itself.
Partial payments on the amount of a check are discharged from the drawer and endorser.
The holder is required to protest the check for the remainder.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-38

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
Anyone who pays an unopposed check is presumed validly discharged.
The drawee who pays an endorsable check is obliged to verify the regularity of the series of endorsements, but not the signature of the endorsers.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-39

(Ordinance n ° 2005-429 of May 6, 2005 art. 18 Official Journal of May 7, 2005)
(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
When a check is stipulated payable in a currency not valid in France, the amount may be paid, within the time limit for presentation of the check, according to its value in euros on the day of payment. If payment has not been made on presentation, the holder may, at his option, request that the amount of the check be paid in currency in force in France according to the price, either on the day of presentation or on day of payment.
French practice for the quotation of the various foreign currencies in which checks are denominated must be followed to determine the value of these currencies, in currency prevailing in France. However, the drawer can stipulate that the sum to be paid will be calculated according to a price determined in the check.
The above-mentioned rules do not apply in the event that the drawer stipulates a clause of effective payment in a foreign currency.
If the amount of the check is indicated in a currency having the same denomination, but a different value, in the country of issue and in that of payment, it is presumed to have referred to the currency of the place of payment.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-40

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
In the event of loss of the check, the person to whom it belongs can continue payment on a second, third, fourth, etc.
If the person who has lost the check cannot represent the second, third, fourth, etc., he can demand payment of the lost check and obtain it by order of the judge, justifying his property by his books and giving surety.
In all the provisions of this chapter relating to the loss of the check, the theft is assimilated to the loss.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-41

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
 In the event of refusal of payment, upon the request made by virtue of article L. 131-40, the owner of the lost check retains all his rights by means of an act of protest. This act must be done no later than the first working day following the expiration of the presentation deadline. The notices prescribed by article L. 131-49 must be given to the drawer and to the endorsers within the time limits set by this article.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-42

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

The owner of the lost check must, in order to obtain the second, contact his immediate endorser who is required to lend him his name and care in order to act towards his own endorser and thus by going back from endorser to endorser up to to the drawer of the check. The owner of the lost check bears the costs.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-43

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

The surety’s commitment mentioned in article L. 131-40 is extinguished after six months if, during this time, there have been no requests or legal proceedings.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

MONETARY AND FINANCIAL CODE
(Legislative Part)

Section 6: Crossed check

Article L131-44

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
The drawer or bearer of a check may cross it with the effects indicated in the following article.
The crossing is made by means of two parallel bars affixed to the front. It can be general or special.
The crossing is general if it does not bear between the two bars any designation or the mention “banker” or an equivalent term; it is special if the name of a banker is inscribed between the two bars.
The general barring can be transformed into a special barring, but the special barring cannot be transformed into a general barring.
The crossing out of the crossing or the name of the designated banker is deemed null and void.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-45

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

A general crossed check can only be paid by the drawee to a banker, to a head of a postal check center or to a customer of the drawee.
A specially crossed check may be paid by the drawee only to the designated banker, or, if the latter is the drawee, to his client. However, the designated banker may resort to collection from another banker.
A banker can only acquire a crossed check from one of his clients, from a postal check center manager or from another banker. He cannot cash it on behalf of other people.
A check bearing several special crossings can only be paid by the drawee if there are two crossings, one of which is for collection by a clearing house.
The drawee or the banker who does not observe the above provisions is liable for the loss up to the amount of the check.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-46

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)

Checks to be entered into an account issued abroad and payable on French territory are treated as crossed checks.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

MONETARY AND FINANCIAL CODE
(Legislative Part)

Section 7: Recourse in the event of non-payment

Article L131-47

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The bearer may exercise his recourse against the endorsers, the drawer and the other obligees, if the check, presented in good time, is not paid and if the refusal of payment is established by an authentic instrument called a protest.

Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-48

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The protest must be made before the expiration of the presentation deadline.
If the presentation takes place on the last day of the time limit, the protest can be made on the next working day.

Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-49

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The holder must give notice of the default to his endorser and to the drawer within four working days following the day of the protest and, in the case of a free return clause, the day of the presentation.
Notaries and bailiffs are liable under penalty of damages, when the check indicates the name and domicile of the drawer, to notify the latter within forty-eight hours of registration, by post and by registered letter, reasons for refusal to pay. This letter gives rise to a fee, for the benefit of the notary or the bailiff.
Each endorser must, within two working days following the day on which he has received the notice, notify his endorser of the notice he has received, indicating the names and addresses of those who gave the previous notices, and so on, going back to the shooter. The deadlines indicated above run from receipt of the previous notice.
When, in accordance with the preceding paragraph, a notice is given to a signatory of the check, the same notice must be given within the same time limit to his guarantor.
In the event that an endorser has not indicated his address or has indicated it in an illegible manner, it is sufficient that the notice be given to the endorser preceding it.
Anyone who has a notice to give can do so in any form, even by simply returning the check.
He must prove that he gave the notice within the time limit. This time limit is considered to have been observed if a letter giving the notice has been mailed within the said time limit.
Anyone who does not give the notice within the period indicated above does not incur forfeiture; he is liable, if any, for the damage caused by his negligence, without the damages being able to exceed the amount of the check.

Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-50

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The drawer, an endorser or a guarantor may, by the clause “return without charge”, “without protest”, or any other equivalent clause, inscribed on the document and signed, exempt the holder, in order to exercise his remedies, to have a protest.
This clause does not exempt the holder from presenting the check within the prescribed period or from the advice to be given. The proof of non-observance of the time limit is incumbent on the party who invokes it against the holder.
If the clause is entered by the drawer, it produces its effects with regard to all the signatories; if it is entered by an endorser or a guarantor, it produces its effects only in respect of the latter. If, despite the clause entered by the drawer, the holder causes the protest to be drawn up, the costs remain at his expense. Where the clause emanates from an endorser or guarantor, the costs of the protest, if one is drawn up, may be recovered against all the signatories.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-51

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   All persons obligated by virtue of a check are jointly and severally liable towards the bearer.
The holder has the right to act against all these persons, individually or collectively, without being obliged to observe the order in which they are obligated.
The same right belongs to any signatory of a check who has reimbursed it.
The action brought against one of the obligated does not prevent action against the others, even after the one who was initially prosecuted.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-52

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The holder may claim from the party against whom he exercises his recourse:
1. The amount of the unpaid check;
2. Interest from the day of presentation, due at the legal rate applicable in France;
3. Protest costs, those for notices given, as well as other costs.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-53

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The person who has reimbursed the check can claim from his guarantors:
1. The full amount he has paid;
2. The interest on the said sum, from the day he disbursed it, calculated at the legal rate applicable in France;
3. The charges he made.

Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-54

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   Any party against whom an appeal is exercised or who is exposed to an appeal may demand, against reimbursement, the delivery of the check with the protest and a cleared account.
Any endorser who has reimbursed the check may cross out his endorsement and those of subsequent endorsers.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-55

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   When the presentation of the check or the making of the protest within the prescribed time limits is prevented by an insurmountable obstacle such as legal prescription or other case of force majeure, these time limits are extended.
The holder is required to give, without delay, notice of the case of force majeure to his endorser and to mention this notice, dated and signed by him, on the check or on an extension; for the rest, the provisions of article L. 131-49 are applicable.
After the cessation of force majeure, the holder must, without delay, present the check for payment and, if necessary, have the protest established.
If the force majeure persists beyond fifteen days from the date on which the holder has, even before the expiry of the presentation period, given notice of the force majeure to his endorser, the remedies may be exercised, without neither the presentation nor the protest is necessary, unless these remedies are suspended for a longer period, by application of Article L. 511-61 of the Commercial Code.
Facts purely personal to the bearer or to the person he has charged with presenting the check or drawing up the protest are not considered to constitute cases of force majeure.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

MONETARY AND FINANCIAL CODE
(Legislative Part)

Section 8: Issuing checks in multiple copies

Article L131-56

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   With the exception of bearer checks, any check issued in one country and payable in another country or in an overseas part of the same country and vice versa, or else issued and payable in the same part or in various parts of the country. -mer from the same country, may be printed in several identical copies. When a check is drawn up in several copies, these copies must be numbered in the text of the title itself, failing which each of them is considered as a separate check.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-57

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   Payment made on one of the copies is final, even though it is not stipulated that this payment cancels the effect of the other copies.
The endorser who has transmitted the copies to different persons, as well as subsequent endorsers, are liable for all copies bearing their signature which have not been returned.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

MONETARY AND FINANCIAL CODE
(Legislative Part)

Section 9: Alteration

Article L131-58

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   In the event of alteration of the text of the check, the signatories subsequent to this alteration are bound by the terms of the altered text; the previous signatories are signed in the terms of the original text.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

MONETARY AND FINANCIAL CODE
(Legislative Part)

Section 10: Prescription

Article L131-59

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   Actions of recourse by the holder against the endorsers, the drawer and the other obligated are prescribed by six months from the expiration of the time limit for presentation.
Actions in recourse of the various obligated to the payment of a check against one another are prescribed by six months from the day on which the obligated has reimbursed the check or from the day when it was itself activated. The action of the bearer of the check against the drawee is prescribed by one year from the expiration of the time limit for presentation.
However, in the event of forfeiture or prescription, there remains an action against the drawer who has not made provision or the other obligees who would have been unjustly enriched.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-60

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The prescriptions in the event of legal action only run from the day of the last legal action. They do not apply if there has been a conviction or if the debt has been recognized by separate deed.
Interruption of prescription only has effect against the party in respect of whom the interrupting act was made.
Nevertheless, the alleged debtors are required, if they are required to do so, to affirm under oath that they are no longer liable and their widows, heirs or successors, whom they consider in good faith to owe nothing more.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

MONETARY AND FINANCIAL CODE
(Legislative Part)

Section 11: Protest

Article L131-61

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The protest must be made, by a notary or by a bailiff, at the domicile of the person to whom the check was payable, or at his last known domicile. In the event of a false indication of domicile, the protest is preceded by an act of search.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-62

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The act of protest contains the literal transcription of the check and the endorsements, as well as the summons to pay the amount of the check. It states the presence or absence of the person who has to pay, the reasons for the refusal to pay and the inability or refusal to sign and, in the event of partial payment, the amount of the sum that has been paid.
Notaries and bailiffs are required, on pain of damages, to make, under their signature, mention on the check of the protest with its date.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-63

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   No act on the part of the bearer of the check may replace the act of protest, except in the case provided for by articles L. 131-40 to L. 131-43 concerning the loss of the check.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-64

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   Notaries and bailiffs are required, on pain of dismissal, costs, damages towards the parties, to leave an exact copy of the protests. Under the same penalties, they are also required to deliver against receipt to the clerk of the commercial court or the high court ruling commercially from the domicile of the debtor, or to send him, by registered letter with acknowledgment of receipt, two copies. accurate protests, one of which is intended for the prosecution; this formality must be completed within two weeks of the act.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-65

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The provisions of Articles L. 511-56 to L. 511-61 of the Commercial Code are applicable to protests for non-payment of a check.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-66

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   No extension of time, either legal or judicial, is allowed, except in the cases provided for by Article L. 511-61 of the Commercial Code.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-67

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The delivery of a check in payment, accepted by a creditor, does not entail novation. Consequently, the original claim, with all the guarantees attached thereto, subsists until payment of the check.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-68

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   Independently of the formalities prescribed for the exercise of the action in guarantee, the bearer of a protested check may, by obtaining the permission of the judge, seize the movable effects of the endorsers conservatively.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

MONETARY AND FINANCIAL CODE
(Legislative Part)

Section 12: Payment incidents and penalties

Article L131-69

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2002 in force on January 1, 2002)
(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The drawer who issues a check not bearing the indication of the place of issue or without a date, whoever covers a check with a false date, whoever draws a check on a person other than a banker, is liable to ” a maximum fine of 6% of the amount for which the check is drawn, without this fine being less than 0.75 euro.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-70

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2002 in force on January 1, 2002)
(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   Any banker who delivers blank check forms to his creditor, payable at his cashier, must, on pain of a fine of 7.5 euros per violation, mention on each form the name of the person to whom this form is issued. .
Any banker who, having funds and in the absence of any opposition, refuses to pay a check regularly assigned to his cash registers is held responsible for the damage resulting, for the drawer, both from the non-execution of his order and from the infringement. to his credit.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-71

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   Any banker may, by reasoned decision, refuse to deliver to the holder of an account forms of checks other than those given for a withdrawal of funds by the drawer from the drawee or for certification. He may, at any time, request the return of the forms previously issued. This return must be requested when the account is closed.
When issued, check forms are made available free of charge to the account holder.
Forms of checks crossed out in advance may be issued and rendered, by express mention of the banker, not transferable by endorsement, except for the benefit of a credit institution or an equivalent institution. The tax administration may obtain at any time, upon request, communication of the identity of the persons to whom forms which do not meet these characteristics are issued, as well as the number of these forms.
Check forms include the telephone number of the branch or bank agency to which the check is payable.
They also mention the address of the account holder.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-72

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   Check forms other than those issued for a withdrawal of funds by the drawer from the drawee or for certification may not, subject to the provisions of article L. 131-78 and under the conditions provided for by this article, be issued to the account holder or his representative from a payment incident noted in the name of the account holder for lack of sufficient funds when the latter has not fulfilled the obligations provided for in the second to sixth paragraphs of article L. 131-73.
The provisions of this article must be observed by the banker who has refused payment of a check for lack of sufficient funds and by any banker who has been informed of the payment incident, in particular by the Banque de France, in application of Article L. 131-85.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-73

(Law n ° 2001-1168 of December 11, 2001 art. 15 I 1 ° and 2 ° Official Journal of December 12, 2001)
(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
(Law nº 2007-290 of March 5, 2007 art. 70 I Official Journal of March 6, 2007)
   Subject to the provisions of Article L. 312-1 relating to the right to account and to basic banking services, the drawn banker may, after having informed the account holder by any appropriate means made available by him of the consequences of the default of funds, refuse payment of a check for lack of sufficient funds. He must order the account holder to return to all bankers for whom he is the client the forms in his possession and that of his agents and to no longer issue checks other than those which exclusively allow the withdrawal of funds by the drawer from of the drawee or those that are certified. At the same time, the drawn banker informs his client’s agents.
However, the account holder recovers the possibility of issuing checks when he can justify having, following this injunction sent after a payment incident:
1. Settled the amount of the unpaid check or constituted a sufficient and available reserve intended for its settlement by the drawee;
2. Paid a discharge penalty under the conditions and subject to the reservations set out in Articles L. 131-75 to L. 131-77.
A certificate of non-payment is issued at the request of the holder, at the end of a period of thirty days, from the first presentation of an unpaid check in the event that it has not been paid during its second presentation or if a provision has not been made, to allow payment within the same period. This certificate is issued by the drawee when, beyond the period of thirty days, a new presentation proves unsuccessful.
The actual notification or, failing that, the service of the certificate of non-payment on the drawer by the bailiff’s department constitutes an order to pay.
The judicial officer who has not received proof of payment of the amount of the check and costs within fifteen days of receipt of the notification or service issues, without any other procedural document or costs, a enforceable title.
In any case, the costs of any kind caused by the rejection of a bad check are the responsibility of the drawer. The charges collected by the drawee may not exceed an amount fixed by decree.

Article L131-74

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   Any payment made by the drawer into the account of which the unpaid check was issued is allocated in priority to the constitution of a provision for full payment thereof.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-75

(Law n ° 2001-1168 of December 11, 2001 art. 15 II Official Journal of December 12, 2001)
(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The discharge penalty that the account holder must pay to recover the ability to issue checks is calculated on the unfunded portion of the check. It is set at 22 euros per tranche of 150 euros or fraction of an unfunded tranche, and reduced to 5 euros when the unfunded portion of the check is less than 50 euros.
However, this penalty is not due when the account holder or his representative has not issued another rejected check for lack of funds in the twelve months preceding the payment incident and that he justifies, within a period of time. two months from the injunction provided for by article L. 131-73, to have paid the amount of the check or constituted a sufficient and available reserve intended for its payment by the care of the drawee.
The provisions of the preceding paragraph apply to all checks issued on the same account and rejected for lack of sufficient funds during the period of two months provided for in the same paragraph.
When the period provided for in the second paragraph expires on a non-working day, it is extended until the first following working day.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-76

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The amount of the discharge penalty provided for in Article L. 131-75 is doubled when the account holder or his representative has already carried out three regularizations allowing him to recover the ability to issue checks in application of Articles L. 131-73 and L. 131-75 during the twelve months preceding the payment incident.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-77

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The discharge penalties provided for by Articles L. 131-75 and L. 131-76 are paid to the Public Treasury under the conditions provided for by decree of the Council of State.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-78

(Law n ° 2001-420 of May 15, 2001 art. 23 I Official Journal of May 16, 2001)
(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The holder of an account who has been notified of an injunction not to issue any more checks recovers this option as soon as he has carried out the regularization under the conditions provided for in Articles L. 131-73, L. 131-75 to L . 131-77. If he has not carried out this regularization, he does not recover the right to issue checks until the end of a period of five years which runs from the injunction.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of July 2, 1990 in the version in force until
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-79

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   Disputes relating to the ban on issuing checks and the discharge penalties set by Articles L. 131-75 and L. 131-76 are referred to civil jurisdiction.
Legal action before the civil jurisdiction has no suspensive effect. However, the court seised may, even in summary proceedings, order the suspension of the ban on issuing checks in the event of a serious dispute.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-80

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   When the payment incident is caused by any of the holders of a collective account, with or without solidarity, the provisions of Articles L. 131-72 and L. 131-73 are automatically applicable to that of holders who will have been appointed for this purpose by mutual agreement, both with regard to this account and with regard to other accounts of which he may be individually holder. They are also applicable to other holders with regard to this account.
If, upon rejection of a check for lack of sufficient funds, the drawee finds that no account holder has been appointed under the conditions defined in the preceding paragraph, the provisions of Articles L. 131-72 and L. 131-73 are automatically applicable to all account holders with regard to this account and other accounts of which they may be individually holders.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of July 2, 1990 in the version in force until
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-81

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   I. – The drawee must pay, notwithstanding the absence, insufficiency or unavailability of the provision, any check:
1. Issued by means of a form for which he has not obtained restitution under the conditions provided for in Article L. 131-73, unless he can justify that he implemented the procedures provided for in this article;
2. Issued by means of a form that it has issued in violation of the provisions of article L. 131-72 and of the third paragraph of article L. 163-6, or by means of a form that it issued to a new customer when the latter was the subject of a conviction on the basis of the second paragraph of article L. 163-6 or of a ban issued in application of the first paragraph of the article L. 131-73 and whose name appeared for these reasons on the Banque de France file centralizing check payment incidents.
II. – The drawee who refuses the payment of a check issued by means of one of the forms mentioned in I is jointly and severally liable to pay, in addition to a sum equal to the amount of the check, the damages awarded to the bearer by reason of the non-payment. payment.
When he has refused payment of a check, the drawee must be able to prove that he has met the legal and regulatory requirements relating to the opening of the account and the issuance of check forms as well as the obligations. legal and regulatory issues resulting from payment incidents, in particular with regard to the injunction to have to return the check forms.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-82

(Law n ° 2001-1276 of December 28, 2001 art. 51 III corrective finances for 2001 Official Journal of December 29, 2001 in force on January 1, 2002)
(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The drawee must pay, notwithstanding the absence, insufficiency or unavailability of funds, any check drawn up on a form issued by him for an amount equal to or less than 15 euros, the account holder and the drawee being in this respect. cases legally deemed to have concluded, when the form is issued, an irrevocable credit opening agreement.
The drawee’s obligation resulting from the provisions of this article is not subject to the prescription of article L. 131-59; it ends one month after the date of issue of the check. It is not binding on the drawee if the latter cannot or must not pay a check for any reason other than the absence or insufficiency of funds.
The provisions of this article are of public order.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-83

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The drawee who has paid a check despite the absence, insufficiency or unavailability of the provision is, except in the case provided for in the first paragraph of II of Article L. 131-81, subrogated to the rights of the holder up to the amount of which he has advanced; he may, for this purpose, cause the absence or insufficiency of the available provision to be ascertained by document drawn up in the form of a protest.
He may, in the absence of automatic debit from the account and without prejudice to any other legal remedy, issue a formal notice by a bailiff to the account holder to pay the amount due to him pursuant to the previous paragraph.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-84

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The drawee who has refused payment of a check for lack of sufficient funds or who has closed an account in which check forms have been issued or who has registered a stop payment for loss or theft of checks or check forms shall notify the Bank of France.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-85

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The Banque de France informs the institutions and persons on which checks can be drawn as well as, at his request, the public prosecutor, of check payment incidents, of the prohibitions pronounced in application of article L. 163- 6 and lifting of the ban on issuing checks.
Only the Banque de France ensures the centralization of the information provided for in the previous paragraph.
For the application of the first paragraph, the Banque de France receives from the tax administration the information held by it in application of article 1649 A of the general tax code, which makes it possible to identify all the accounts. opened by the natural or legal persons mentioned in article L. 131-72 and in the second paragraph of article L. 163-6 and on which checks can be drawn. It provides it, for the sole purposes pursued by this chapter, with the information allowing the identification of the holders of these accounts.
It also communicates to the public prosecutor the information concerning the offenses punishable by the third and fourth paragraphs of article L. 163-2 and by the first and second paragraphs of article L. 163-7.
The provisions of Article L. 163-11 do not prevent credit institutions from using this information as an element of assessment before granting financing or opening a credit.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-86

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The Banque de France provides information to any person who, when submitting a check for payment for a good or a service, wishes to verify the regularity, with regard to this chapter, of the issuance of this one. The origin of these requests for information gives rise to registration.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree n ° 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

Article L131-87

(Law n ° 2005-516 of May 20, 2005 art. 16 IV Official Journal of May 21, 2005 in force on December 31, 2005)
   The measures of application of this chapter are, as necessary, determined by decree of the Council of State. This decree fixes in particular the modalities according to which the injunction is brought to the attention of the account holder and also specifies his rights and obligations as well as the conditions under which he can regularize his situation. It also determines the conditions under which the Banque de France fulfills its obligations under Articles L. 131-85 and L. 131-86.
Note: Law 2005-516 2005-05-20 art. 16 V:
1 – Until their maturity, the investments made in accordance with the provisions of article 15 of the aforementioned law n ° 90-568 of 2 July 1990 in the version in force until the date of publication of this law remain governed by these provisions.
2 – The provisions of I to IV come into force on the date of the transfer provided for in 1 of II. Decree No. 2005-1068 of August 30, 2005 sets the planned transfer date for December 31, 2005.

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