ISSUING A CHEQUE WITHOUT PROVISION. Before issuing a cheque, the Client must ensure to have sufficient funds available in their account, taking into consideration the operations in progress. Before rejecting a cheque for insufficient funds, the Bank will remind the Client of the consequences of the lack of provision to the contact details provided by the Client when opening the account. The Client must inform the Bank of any modification of the contact details provided, by means of a letter. The Bank cannot be held responsible if the information sent in accordance with the instructions of the Client has not been received by it or has been received late for reasons beyond the control of the Bank (e.g., absence of the Client, no indication of changes in contact details). When the information is sent by fax, e-mail or telephone, the Client shall be responsible for ensuring the confidentiality of the information transmitted and discharge the Bank of any responsibility in this regard. In the absence of sufficient available funds, the Bank will reject the cheque and send the Client a letter of injunction which prohibits issuing cheques for a period of five years on all accounts held or co-held by the Client, and an obligation to return without delay all the cheque books in their possession or that of their representatives. The Bank shall inform the Client's agents of this. The payment incident is reported to the Banque de France, which must inform any establishment in which the issuer has an account of the need to implement the prohibition. The Client may recover the ability to issue cheques, before the expiry of the five-year period prescribed by the regulations, as soon as they correct the incident that led to the ban, as well as all subsequent incidents, both in the Bank’s books and in those of all other credit institutions. Regularisation can be carried out in two ways: direct payment of the amount of the unpaid cheque to the beneficiary. The Client must then prove the adjustment by remitting the cheque to the Bank; constitution of a sufficient and available provision to pay the cheque when it is re-presented. The provision must remain on the account for one year, unless the Client justifies having paid the beneficiary directly before the expiry of this period.
