French Monetary and Financial Code
In forceThe drawee banker may, after informing the account holder of the consequences of insufficient funds by any appropriate means made available by the drawee banker, refuse to pay a cheque on the grounds of insufficient funds. The drawee banker must instruct the account holder to return to all the bankers of which he is a client the cheque forms in his possession or in the possession of his agents, and to refrain from issuing any cheques other than those enabling the drawer to withdraw funds exclusively from the drawee or those that are certified. The drawee banker shall inform the customer's authorised representatives at the same time.
However, the account holder is allowed to issue cheques again if he can prove that, following this injunction issued after a payment incident, he has paid the amount of the unpaid cheque or constituted sufficient and available funds for its payment by the drawee.
A certificate of non-payment is issued at the request of the bearer, at the end of a period of thirty days from the first presentation of an unpaid cheque if it has not been paid on its second presentation or if sufficient funds have not been set aside to enable payment within the same period. This certificate is issued by the drawee if, after a period of thirty days, a new presentation proves unsuccessful.
Actual notification or, failing that, service of the certificate of non-payment on the drawer by a bailiff is equivalent to a summons to pay.
If the bailiff has not received proof of payment of the amount of the cheque and the costs within fifteen days of receipt of the notification or service, he will issue an enforcement order without further procedural steps or costs.
In any event, costs of any kind incurred by the rejection of an NSF cheque shall be borne by the drawer. The charges levied by the drawee may not exceed an amount set by decree.
