The new amendments to the Commercial Transactions Law regarding the decriminalization of the check without balance, and the amendments related to the partial payment of the check
The new amendments to the Commercial Transactions Law regarding the decriminalization of the check without balance, and the amendments related to the partial payment of the check, introduced five administrative penalties for issuing the check, appropriate to the nature of the offense committed, and keeping pace with the economic and legislative development witnessed by the state, according to lawyer Muhammad Al-Najjar, who confirmed that the amendments to The new law has achieved very important benefits, most notably enhancing the strength of the check, shortening the judicial procedures for claiming the value of the bounced check, and developing effective alternatives to collecting it.
In detail, Al-Najjar said that the amendments that will enter into force on the second of next January, which are included in the new checks law, aim to provide alternatives to simplify and speed up the process of collecting returned checks, and include the right of the beneficiary to submit a request to the execution judge, in order to obtain the right to execute on funds The source of the check if it is returned without being able to cash it.
The amendments include obligating the bank to partially fulfill the check, after deducting the entire amount available to the beneficiary, and approving the returned checks as an argument, and considering them as an executive document, issued directly by the execution judge to the authority authorized to do so.
Al-Najjar added that the law redefined the cases of criminalization in check transactions, and identified four cases, which are the crimes of check fraud, fraud using checks by giving an order to the bank not to cash the check without right, withdrawing the entire balance before the date of issuance of the check, and intentionality intended to complicate the issuance of the check or deliberately signing it. in a way that prevents its disbursement.
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