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Legislations of Qatar 5686 legislations - 58361 Articles
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Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles
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Subchapter I – Parts of a cheque
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1- Parts of Cheque
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Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles
Law Summary Record
Type:
Law
Number:
16
Date:
25/08/1971 Corresponding to 04/07/1391 Hijri
Number of Articles:
477
Status:
In force
Official Gazette :
Issue:
7
Offcial Journal Issue
Publication Date:
01/01/1971 Corresponding to 05/11/1390 Hijri
Page from:
3458
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Section Name
1- Parts of Cheque
430 Article
The cheque shall include the following data:
The term “Cheque” written in the body of the instrument in the language of the instrument itself.
Date and place of issue of the cheque
Person/Entity committed for payment (drawee),
Who or to the order of whom the check shall be repaid...In compliance to what may appear as per Articles
435
and
436
.
An order - not pending on a condition - to repay a certain amount of money
Place of fulfilment.
Signature of check establisher/issuer (i.e. the drawer).
431 Article
The cheque that does not contain one of the above-mentioned data shall not be considered as a cheque, unless in the following two cases:
If the cheque does not mention the place of issuance, it will be considered as established in the place shown near the name of the drawer.
If the cheque does not mention the place where to be repaid; the place shown near the name of the drawee shall be considered as the place of repayment. In case of giving many places near the name of the drawee,, the check shall be repaid in the first place given. If the cheque does not mention any place at all, the payment shall be made at the main place of the drawee.
432 Article
The payable cheques issued and to be repaid in Qatar may not be withdrawn except on the bank, and instruments drawn in the form of non-bank cheques are not considered as valid.
433 Article
Issuing a check is not permitted unless the drawer has money with the drawee upon establishing the check that he can dispose according to check, in compliance with an explicit and implicit agreement.
The drawer of the check or the person ordering other person to withdraw it to his account has to entertain/consider a repayment against fulfilment. Notwithstanding; the drawer- to the account of others - shall still remain personally responsible towards endorsers and the holder without any others.
Again, the drawer himself alone should prove - in case of denial - that the drawee had money against fulfilment upon check establishment... In case of not proving the same, he would be considered as a guarantor to fulfilment even if it would happen that he had made the protesto after the appointed dates.
434 Article
No acceptance in a check, and in case of writing “acceptance” on the check; it's considered as if it is not there.
Notwithstanding; the drawee may remark the check in token of approval, which means that money against fulfilment of the check is available on the date of said remarking. Drawee is not permitted to refuse sanctioning the check if money against full fulfilment is available... Drawee signature on the front part of the check signifies sanctioning of the same.
435 Article
The cheque may be restricted to be paid to:
To a named person, provided to explicitly notify with/without the “to the Order of” condition.
To a named person, provided to mention “not to the order of” condition or any other similar expression.
To the holder of the check.
The check, drawn for the benefit of a named person whereby stating “or to the bearer" or any other similar expression, is considered cheque for bearer. If it does not show the name of the beneficiary, the cheque is considered for the bearer.
Check containing “not applicable for circulation” condition, is not payable except to its bearer (holder) who received the check under said condition.
436 Article
Check may be withdrawn to the order of its drawer himself and it may be also withdrawn to the account of any other person.
Check can not be withdrawn to its drawer himself, unless it's drawn from another establishment owned also by the drawer himself, provided the check is not to be due to fulfilment for its holder.
437 Article
Stipulating interest in the check is considered as void.
438 Article
Stipulating fulfilment of the check in another bank located within the domicile of the drawee or within any other place is permissible.
439 Article
Drawer shall guarantee fulfilment of the check. Any condition exempting him from such guarantee is considered as void.
The debt is not renewed by acceptance of the creditor to take the cheque as repayment of his debt. Principal debt shall remain with all relevant guarantees until full amount of the check is repaid.
2- Number of copies and photo copies -Forgery
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