According to IBNA, in our country, a large volume of financial transactions are done through checks, which shows the importance of checks as the easiest and cheapest means of long-term trading in the economic system. The need to streamline checks and enjoy their unique benefits in economic transactions has led to constant updating of check-related laws.
The new Czech law emphasizes the use of systems such as the hunter to record check information. Also, the new Czech law is based on inter-agency interactions between the central bank and the judiciary to handle complaints and cases, and the third feature of the new Czech law is the imposition of stricter restrictions on returned check holders.
The need to register check information in the fishing system
The issuance, transfer or receipt of checks has undergone changes in the new check law. For example, whenever a check is issued, in addition to stating the due date on the recipient’s check sheet, the exact same contents must be entered in the hunter’s system and the check issuer must be allowed to issue the check by the system based on certain characteristics. .
The transfer of new checks is also possible in the fisherman’s system, and the issuance of checks on the carrier is prohibited, and the registration of the check transfer in the fisherman’s system will replace the check writing. If the recipient of the check intends to transfer the check to another person (third party) after confirming the information, this possibility is provided for him in the mentioned system by registering the new beneficiary’s details (registering his / her ID / national code). It is worth mentioning that it will still be possible to transfer checks to third parties (related to the category of checks provided to dear customers) through endorsement until further notice.
Registration of check information in Sayad system will be done through existing banking and payment applications. Also, people who do not have access to these applications can go to bank branches in person to register check information.
This law will be implemented gradually and those checks that are available to the people will be valid.
Determining the accuracy and authenticity of the check and the ability to track
Determining the authenticity of checks is one of the benefits of the new law, and registering check information in the fisherman’s system allows people to find out the number and amount of returned checks issued by the issuer.
New checks that will be available to the public are valid for a maximum of 3 years. The validity date of the check is recorded on each sheet and therefore issuers of the check can not issue a check for a date after the specified validity period.
If the check is returned, the tracking code will be recorded on the non-payment certificate. This code will facilitate systematic communication with the judicial authority for check violations and make it easier and faster for the judiciary to follow up. In judicial and registration authorities, it is issued only for executive returned checks that the tracking code is included in the certificate of non-payment and 3 conditions are observed in it. That is, (1) in the text of the check, the receipt of the amount is not subject to the fulfillment of a condition. (2) it is not stated in the text of the check that the check is for guaranteeing the transaction or an obligation, or (3) the certificate of non-payment has not been issued due to the non-payment order according to Article 14 of this law and its notes. In other words, the issuer of the check has not ordered the non-payment of the check.
Strict restrictions for returned check holders
Restrictions that are set for people with returned checks are: impossibility to open any new account, impossibility to receive a new bank card, impossibility to receive bank facilities, impossibility to receive Rial and foreign currency guarantees, impossibility to open foreign currency or Rial documentary credit, prohibition Submitting a new batch of checks in the Sayad system and blocking the funds of all bank accounts and cards and any amount belonging to the issuer that has any credit with the bank or credit institution.
Elimination سوءاثر From Czech returned
Elimination of the effect of returned checks in the integrated system of the Central Bank is possible only if one of the following conditions is met:
#Pay the check amount deficit to the current account with the bank and submit a request to block this amount for one year: In this case, the account of the customer issuing the check will be blocked to the extent of the returned check deficit and the misconduct will be eliminated immediately. The bank is also obliged to inform the check holder of the deposit within 3 days in a reliable and reliable manner, including correspondence.
# Presenting the check carcass to the impossible bank
# Provide official consent (arranged in notaries) from the holder of the check or an official letter from a governmental or public non-governmental legal entity holding the check
# Submitting an official letter from a competent judicial or registration authority stating the completion of the executive operation regarding the check
#Provide a court order acquitting the account holder of the check
# 3 years have elapsed from the date of issuance of the certificate of non-payment, provided that the holder does not file a legal or criminal lawsuit regarding the check
How Follow up Judiciary According to the rule the new Czech
Under the new check law, legal action is taken in such a way that the holder of the returned check first goes to the bank and requests the issuance of a certificate of non-payment, immediate registration of the check information tracking code in the central bank’s check checks system and inserting a receipt on the said certificate.
He then goes to the electronic services offices of the judiciary and registers his complaint there. Shortly after filing a complaint, the trial judge will review the appearance of the check. If the main conditions mentioned in the text of the law are observed in the appearance of the check, the writ of execution will be issued.
From the moment of issuance of the executive order, the issuer of the returned check is given 10 days to pay the deficit of the check balance, otherwise the issuer of the check will be dealt with through the law on how to execute financial penalties.