check is among the most popular ways to conduct money transfers in the nation. And this is a key factor in the UAE’s high rate of returned checks. A bounced check, also known as a bad or a dishonored one, may be subject to legal action.
บาคาร่า168 สมัครสมาชิกนักเดิมพันสามารถทำรายการสมัครสมาชิกได้โดยไม่มีค่าใช้จ่ายแม้แต่บาทเดียว เว็บของเราไม่มียอดขั้นต่ำในการฝาก-ถอน ให้นักเดิมพันทั้งหลายสามารถทำกำไรได้ด้วยตนเอง เว็บของเราเป็นเดิมพันที่ดีที่สุด นักเดิมพันไม่มีผิดหวังแน่นอนเนื่องจากเว็บของเราเป็นเว็บที่ได้มาตรฐานปลอดภัย มอบสิทธิประโยชน์ให้กับสมาชิกนักเดิมพันในยุคปัจจุบันมากที่สุด เข้ามาเล่นได้เลยตอนนี้
With a few noteworthy exceptions, most incidents of bounced checks are no longer criminal offenses as of January 2, 2022. A bounce check is still regard as a criminal offense in the UAE. And those responsible may be subject to civil lawsuits.
What is a Bounced Cheque?
In the UAE, checks are often use for corporate and private transactions. In Dubai, they are indeed the preferred method of rent payment. Although their acceptance is never a problem, they are naturally dangerous.
If the check you issued bounces, is return or is dishonor. It may result in civil or legal action against you. Now the issue is: When does a check in the UAE bounce or turn into a bad check? In order for a cheque to be bounce, here are the same factors that are evaluate;
- The first is the unavailability of funds in the bank account than written on the cheque.
- Next are some technical errors, including wrong dates, mismatched signatures, or sometimes scribbled or over-written words on the cheque.
- Another reason is the bank account closure before the cheque give to any party.
- Another reason that a cheque will not be cash is because of the instructions is giving from the bank’s side against the holder of the account.
Bounced Cheques Law in the UAE
According to the corporate lawyers in Dubai, the Federal Law No. 18 of 1993. Which established commercial transactions, underwent significant revisions. These modifications were introduce with the Federal Decree-Law No. 14 of 2020 to speed up the procedure while ensuring justice. To foster a healthy economy and guarantee more effective use of police resources, a balance is establish.
Factors Involved in Decriminalization
The UAE has made one significant modification to the penalties for returned checks. Most of the time, jail time will not be into account. But severe financial sanctions are still in place. In addition to this, here are some more additional factors that need to be evaluated for proceeding with a criminal case;
- The cheque withdrawing party asks the bank to wait to withdraw the cheque before the date written on it.
- A criminal case will be process if the cheque issuing party closes the account or withdraws. The available balance before the date written on the cheque.
- If the signature put on the cheque is deliberately wrong.
Understand the Role of UAE Courts
According to the new rule, banks must pay the cheque bearer a portion of the money if it is not in the account in full. The option to decline is still available to the account. Earlier legislation required the account holder to instruct the bank to send this partial payment, which is how the current law differs.
Before, you had to notify the police of a bounced check in the UAE. However, under the new law, a person can go straight to the court’s execution judge to request a complete payment order (or remaining). The new procedure respects the rights of all parties concerned and is relatively simpler to carry out.
Legal Proceeding
A bank statement may be use to prove nonpayment when a check is considered to have bounced. The bank can’t decline a request for such a statement, but it can ask for a grace period of up to three working days after the cheque is present so it can get in touch with the drawer.
The bearer may choose to file a lawsuit instead of being require by law to negotiate a resolution with the drawer directly. Such actions might result in a criminal or civil complaint.
Police Compliant
The holder of the cheque needs formally register a complaint against the drawer with. The authorities of the relevant emirate in to file a lawsuit for a fraudulent transaction. Such a complain may be made in Dubai via the Dubai Police smartphone app.
When the police get a complaint, they should contact the person who issued the check to let him know and ask for his presence. The drawer is permit to resolve the situation by paying the value of the returned check at the police station. Then, no more legal action will be.
The person who issued the bounced check has the right to ask for more time to resolve the situation. A reasonable duration, guarantee by the issuer’s deposit on his identification at the police station, may be upon such a request. However, it is very dependent on the amount of the check because police officials sometimes reject the promise of surrendering the passport if the sum on the check is large (AED 1 Million and above).
A travel ban or arrest warrant will be issue instantly for the drawer after submitting. A petition at the police office because the bouncing check is a crime in the UAE. So, if the check’s author tries to flee the nation, he will be stop and arrest, or if he reaches the UAE from outside, he will be upon arrival. Only once the bounce check issue has been resolve or after completing a term is such a ban or warrant lifted.
The Final Takeaway
In the UAE, bounced checks are standard and can occur for various reasons, such as unlawful termination, corporate insolvency, the disappearance of the cheque issuer, etc. When the recipient of the bounced check filed a police report, all sides’ best course of action was to reach an amicable resolution at the police station.
The most practical and logical course of action to avoid more damaging legal ramifications and damages would be to hire an expert attorney as soon as possible if an agreeable settlement could not be reach and the situation went to the next level.
