Revision of law on checks in Tunisia: Towards major changes

MP Mohamed Ali Fennira revealed this Thursday, during the program “Ahla sbeh”, that the General Legislation Commission of the House of People’s Representatives is currently reviewing a draft revision of the law on checks. Here are the main points covered.

New limits for checkbooks

The proposed amendments include the establishment of an overall ceiling for each checkbook, founded on the financial potential of the applicant, calculated according to their earnings or financial receipts. A specific limit will also be defined for each check sheet.

Check modernization

All checks will now be “crossed” to ease the circulation of cash, and the name of the beneficiary must be indicated, therefore abolishing the mention “to bearer”. A new platform will verify the availability of funds for each check-in real time, ensuring greater security.

Judicial Implications of Bad Checks

The proposed revision seeks to decriminalize bad checks with a value less than or equal to 5,000 dinars, by removing custodial penalties. For checks for higher amounts, prosecution will be initiated by the beneficiary, and no longer by the bank. The settlement will concentrate on the amount of the check, excluding bank advice fees and fines.

Fate of those currently being pursued

For individuals currently being prosecuted or imprisoned for bad checks, two proposals are being examined: a partial payment with a commitment to settle the balance, or the payment of a third of the value of the check to put an end to legal proceedings.

Consultation and next steps

The committee, after hearing representatives of various ministries and organizations, will finalize the amendments in the next two days and start the article-by-article discussion. The purpose is to submit a complete draft law to the Council before the plenary session for consideration.

Consequently, the revision of the law on checks in Tunisia, currently under review, aims to modernize financial transactions and alleviate the legal implications of bad checks, while ensuring security and confidence in the payment system.

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