Attention People Who are Writing Cheques: Who has responsibility for the crime of draw a bad cheque? 08 April 2020
Attention People Who are Writing Cheques: Who has responsibility for the crime of draw a bad cheque?
Amendment has been made in the Article 5 of the Law of Cheques No. 5941 by the way of the new Law on Amendment in Some Laws on Improve the Investment Environment No. 6728, published in the Official Gazette No. 29796 on 09.08.2016.
According to the first paragraph of Article 5 of the Law No 5941;
“Upon complaint of the holder, the person who caused check transactions to be “unrequited” may be fined for each check for up to one thousand five hundred days, within the legal submission period, according to the date of regulation written on it.”
According to paragraph 2 of the same Article;
“According to the first paragraph, the person, who has responsibilty for the keeping of sufficient money to cover the amount of the check in the relevant bank account, is the owner of the checking account. In case the owner of the checking account is a legal person [i.e., an entity], the member of the board assigned to carry out the financial affairs of that legal person, if no such assignment is made, the real person or persons who is/are member/members of the board of management, will have responsibility for the keeping of sufficient money in the relevant bank account.”
These provisions of Article 5 is determined who is to be held responsible in case of the drawing of a bad check.
- İf the owner of the checking account is a real person, this person has responsibility for keeping sufficient money to cover the check in the checking account.
So, for examlple, assume A, a real person, issued a check for an amount to be withdrawn from A’s own account. If the transaction is “unrequited” (i.e., there are insufficient funds in the account to cover the amount of the check) within the legal submission period, A may be held responsible for the crime of drawing a bad check.
- İf the owner of the check account is a legal person, i.e., an entity, on the date of the making of the “unrequited” check transaction, the member of the board assigned to carry out the financial affairs of this legal person, financial director, or, if such aa assignment has not been made, the real person or persons who make up the board of managment, may be punished for the crime of drawing a bad check. In other words, on the date of the making “unrequited” check transaction, the person responsible for the keeping sufficient money in the account in question may be punished for the crime of drawing a bad check.
So, as an example of this type of crime, assuming A, B and C are the members of the board of X Limited Company, and this company draws a check on 15/05/2019, there shall be several possibilities which are following;
- One possibility, where there has is not an assignment of a person to carry out X’s financial affairs, as of the date of the unrequited check transaction all members of the X’s board of management, that is A, B and C, may be punished for the crime of drawing a bad check.
- If an assignment regarding who is to carry out X’s affiars has been made, by way of internal director of the company, person who is, say, X’s treasurer on the date of the presentation of the check to the bank, may be found criminally responsible for the unrequited check transaction.
- Finally, if an assignment related to X’s financial affairs issues was not made, but the board of management has been separated into several groups, one or more of which has signatory authorization, the person or persons with this authorization on the date of the making unrequited check transaction, may be punished for crime of drawing a bad check, but only after an enforcement court’ decision regarding the check, or checks, in question. .
In conclusion, in the direction of the act in force, if the person who has drawn the check is a real person, this person may undoubtedly be punished criminally. However, if the person who has drawn the check is a legal person, the identity of the real person who may be held criminally responsible depends on whether someone has been assigned to carry out the entity’s financial affairs and, if no such assingment has been made, the identity of who may be held criminally responsible shifts to the person who is, or persons who are, authorized signatories on the date of the presentation of the check or checks in question to the bank.
Other News
-
15.3.2024
New Regulations Introduced With The 8th Judicial Package
The Law No. 7499 on the Amendment of the Code of Criminal Procedure and Certain Laws ("Law"), which contains amendments and new regulations known as the "8th Judicial Package", was published in the Official Gazette dated 12 March 2024 and numbered 32487. In this article, we will discuss the amendments to the Criminal Procedure Code No. 5271 (" CPC"), Turkish Criminal Code No. 5237 ("TCC"), Turkish Civil Code No. 4721 ("TCC"), Enforcement and Bankruptcy Code No. 2004 ("EBC") and Law No. 6384 on the Duties and Working Procedures and Principles of the Compensation Commission.
-
12.3.2024
Changes In The PDPL Was Published In THE Official Gazette
Law No. 7499 on Amendments to the Code of Criminal Procedure and Some Laws ("Law No. 7499") including critical amendments to the Law No. 6698 on the Personal Data Protection Law ("PDPL") was published in the Official Gazette on March 12, 2024.
-
9.2.2024
Amendments Were Made To The Regulations Based On The Occupational Health And Safety Law
In the Official Gazette dated 4 February 2024 and numbered 32450, amendments were made to some regulations issued based on the Occupational Health and Safety Law No. 6331:
-
1.2.2024
Turkish Competition Board Mergers And Acquisitions Outlook Report For 2023 Has Been Published
On January 5th, 2024, the Turkish Competition Authority has published the Report prepared by the Competition Board on Mergers, Acquisitions And Privatisation Transactions in 2023 ("Report").
-
31.1.2024
Important Principle Decision From The Advertising Board Regarding Discount Sale Advertisements
At the first meeting of the year held on January 9, 2024, the Advertising Board made an important principle decision regarding discount sale advertisements by amending the "Guideline on Advertisements Containing Price Information and Discount Sale Advertisements and Commercial Practices" in order to prevent consumer victimization through misleading advertisements and practices that lead to unfair competition in the retail trade sector.
-
17.1.2024
The Authority to Decide on Trademark Cancellation Passed to the Turkish Patent And Trademark Office!
In Article 192/1 (a) of the Industrial Property Law ("IPL") published in the Official Gazette dated 10 January 2017 and numbered 29944, the enforcement of Article 26 of the Law titled "Cancellation Cases and Cancellation Request" was postponed until seven years later, and with the Provisional Article 4 of the IPL, it was stipulated that the authority to decide on the cancellation of trademarks would be directly exercised by the Intellectual and Industrial Rights Civil Courts until 10 January 2024.
-
16.1.2024
Egemenoğlu Hukuk Bürosu / Internship Application
We are pleased to announce the opening of internship applications at Egemenoğlu Hukuk Bürosu. Legal Internship Application Deadline: March 15 Summer Internship Application Deadline: March 29 Prospective candidates are requested to submit their CVs either through our website www.egemenoglu.av.tr or by sending them to info@egemenoglu.av.tr.
-
12.1.2024
Turkish Sustainability Reporting Standards (TSRS) And Scope Of Application Of TSRSs Were Puslished In The Official Gazette
In the Official Gazette dated 29.12.2023 and numbered 32414, the Public Oversight, Accounting and Auditing Standards Authority (POA) announced the Turkish Sustainability Reporting Standards and determined the principles to be followed in sustainability reports.
-
11.1.2024
Important Regulations Which Are Effective As Of 2024 And/ Or Has Been Made Subject To Time Extension
Laws No. 5746 and No. 6550 extended the regulation on higher depreciation (showing expenses related to depreciation) and calculation rates and periods for new machines acquired for use in R&D, innovation and design activities.
-
19.12.2023
The Principles and Rules to be Applied in Retail Trade have been reorganize
With the "Regulation Amending the Regulation on Principles and Rules to be Applied in Retail Trade" prepared by the Ministry of Commerce and published in the official gazette on 14.12.2023, significant changes were made in the principles and rules of retail trade.
-
18.11.2023
Warning From The Authority On Sending Verification Codes To Customers Via Sms During Shopping
The Personal Data Protection Authority ("Authority") published a Public Announcement ("Announcement") on the Processing of Personal Data by Sending a Verification Code via SMS to the Data Subjects during Shopping in Stores.
-
14.11.2023
Communiqué Amending the Communiqué on the Procedures and Principles Regarding the Application of Article 376 of the Turkish Commercial Code No. 6102 has been published
In order to regulate the procedures and principles to be followed in cases of loss of capital or insolvency of joint stock companies, limited liability companies and limited partnership companies with capital divided into shares within the scope of Article 376 of the Turkish Commercial Code No. 6102 (Law), the Communiqué on the Procedures and Principles Regarding the Application of Article 376 of the Turkish Commercial Code No. 6102 (Communiqué) was first published in the Official Gazette dated 15/09/2018 and numbered 30536, and with the Provisional Article 1 of this Communiqué until 01/01/2023, Within the scope of Article 376 of the Law, it was stated that foreign exchange losses arising from foreign currency denominated liabilities that have not yet been fulfilled may not be taken into account in the calculations regarding capital loss or insolvency.
-
3.11.2023
Law No. 7464 on the Leasing of Houses For Tourism Purposes And Amendment To Certain Laws Has Been Published
Published in the Official Gazette dated 2.11.2023 and numbered 32357 and published in the Official Gazette dated 2.11.2023 and numbered 32357, the Law on the Leasing of Houses for Tourism Purposes and Amendments to Certain Laws (No: 7464) aims to determine the procedures and principles regarding the leasing of houses to real and legal persons for tourism purposes.
-
28.10.2023
Partial Payment Period In Pension: Regulation On Partial Payment In The Private Pension System Has Been Published
With the amendment made to the Private Pension Savings and Investment System Law on 19.01.2022, a regulation was introduced stipulating that the participant can be partially paid up to fifty percent of the accumulation amount in his account, excluding the amounts in the State contribution account, without leaving the system, in cases and conditions determined by the Insurance and Private Pension Regulation and Supervision Agency. In this case, payments can also be made from the amount in the State contribution account, not exceeding twenty-five percent of the partial payment amount and the principles and procedures regarding the transactions to be carried out within this scope, including the practices regarding the State contribution, will be determined by the Institution with the appropriate opinion of the Ministry and with the amendment dated 19.01.2022, the relevant regulation is included in the Individual Pension Savings and Investment System Law.
-
9.9.2023
Focus On Digital And Green Transformation: Türkiye's Medium - Term Program Published.
The Medium-Term Program (2024-2026), prepared by the Ministry of Treasury and Finance and the Presidency of Strategy and Budget, was approved and published in Official Gazette No. 32301 dated September 6th, 2023.