Management of Check Payment Incidents in Tunisia: Clarified Procedures and New Electronic Platform
The management of check payment incidents in Tunisia relies on distinct procedures depending on the reasons for rejection: formal defects, insufficient provision, or drawer's opposition. The Central Bank of Tunisia (BCT) has recently clarified these rules through a circular, which is part of the evolution of banking practices, particularly with the introduction of an electronic platform for check transactions.
Formal Defects
In the case of formal defects, such as the absence of mandatory mentions provided for by Article 410 bis of the Commercial Code, checks issued after February 2, 2025, will be systematically rejected without further procedure. The drawee bank will send a rejection notice, called a "butterfly," to the beneficiary. This "butterfly" will include essential information such as the drawer's identity and the check references. If the check is presented within the compensation system, the process involves transmitting the rejection to the presenting bank, which will inform the beneficiary within a strict deadline.
Insufficient Provision
When the rejection is due to the absence, insufficiency, or unavailability of provision, the drawee bank must invite the drawer to regularize the situation. The drawer has seven working days to provision their account or make the funds available. During this period, the bank may block the partial provision and reserve it for the beneficiary. If no regularization is made, a non-payment certificate is established. This document, conforming to the model provided by the circular, is transmitted to the drawer, the beneficiary, and kept for the needs of the public prosecutor.
Electronic Platform
The introduction of the electronic platform simplifies the traceability of transactions and reinforces security. It allows for real-time notification of the parties concerned and centralizes information on unpaid checks.
Objectives and Sanctions
These measures aim to modernize the treatment of payment incidents while strengthening transparency and accountability among the parties involved. Banks are required to comply with these provisions from the set deadlines, under penalty of sanctions provided for by the Commercial Code.
