Regularization of Payment Incidents Related to Checks without Funds Now Subject to Strict Procedures
The regularization of payment incidents related to checks without funds is now subject to strict procedures, as detailed in a recent circular from the Central Bank of Tunisia (BCT). The prohibition on the drawer disposing of check forms remains in place until the situation is regularized, either by paying the due amount or by following specific legal procedures.
For checks drawn on foreign currency or convertible dinar accounts, regularization must be carried out in the account currency or through the regulated cession of foreign currencies.
In all cases, the drawee bank is required to inform the beneficiary and issue a certificate of provision reconstitution or regularization to the drawer, within strict deadlines.
If regularization occurs within seven business days of notification, banks must reserve the provision for the beneficiary and notify them in writing or via the dedicated electronic platform. If this deadline is exceeded, a non-payment certificate will be issued, attesting to the default or insufficiency of provision.
Regularization remains possible after this deadline through various means:
- Reconstitution of provision directly with the bank
- Payment to the beneficiary, with proof of an authentic act
- Deposit of funds with the Tunisian General Treasury, with justifications
- Judicial decision, including in the context of mediation or amnesty
In the event of a court judgment against the drawer, regularization can still be carried out, subject to presenting the necessary justifications to the relevant court.
Once regularization is confirmed, the Central Bank lifts the prohibitions, either by judicial decision or bank attestation.
These new measures aim to ensure greater transparency and secure transactions, while introducing modern tools such as an electronic platform to track incidents.
