New Law Introduces Transitional Measures for Bounced Checks in Tunisia
The law n°2024-41 of August 2, 2024, introduces several transitional measures concerning bounced checks in Tunisia. These measures, centered around the regularization of payment incidents, aim to harmonize practices and alleviate certain penalties for check issuers.
Here are the essential points to remember:
Regularization of Bounced Checks
Firstly, individuals who have been prosecuted or convicted for issuing bounced checks can regularize their situation according to the new rules. The regularization can be done directly by the issuer or their representative at the banks, which must issue a certificate once the payments are made. These measures include an exemption from interest, fines, and bailiff fees, in accordance with a circular issued by the Ministry of Justice in September 2024. However, the final validation of this regularization and the lifting of associated bans fall under the jurisdiction of the public prosecutor or the court.
Banks No Longer Required to Transmit Bounced Check Files
Secondly, banks are no longer required to systematically transmit bounced check files to the public prosecutor. Criminal proceedings can now only be initiated upon complaint from the beneficiary of the check, in accordance with the new provisions of the Commercial Code.
Decriminalization of Bounced Checks
The decriminalization of bounced checks with an amount equal to or less than 5,000 dinars is another major novelty. This measure only applies to checks for which a non-payment certificate was established after February 2, 2025, six months after the law was published in the official journal.
Validity of Pre-Existing Checks
Finally, checks issued before the law came into effect, which do not contain the mandatory mentions provided for by the revised Commercial Code, remain valid until February 2, 2025. Banks must continue to accept their payment until this date. After this deadline, these checks lose their legal value, and their presentation will be rejected according to standard procedures, without the possibility of reserving funds.
