Rs 0.221.555.1 Convention Of 19 March 1931 Providing A Uniform Law On Cheques (With Annexes And Prot.)

Original Language Title: RS 0.221.555.1 Convention du 19 mars 1931 portant loi uniforme sur les chèques (avec annexes et prot.)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
0.221.555.1 original text Convention providing a uniform on cheques concluded at Geneva on 19 March 1931 law approved by the Federal Assembly on July 8, 1932, Instrument of ratification deposited by Switzerland on 26 August 1932, entry into force for the Switzerland on July 1, 1937 (State on February 28, 2006) the President of the German Reich. the President Federal of the Republic of Austria; His Majesty the King of the Belgians; His Majesty the King of Denmark and Iceland; the President of the Republic of Poland, for the free city of Danzig; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the Republic of Finland; the President of the French Republic; the President of the Hellenic Republic; His Highness Serenissima the Regent of the Kingdom of Hungary; His Majesty the King of Italy; His Majesty the Emperor of the Japan; His Royal Highness the Grand Duchess of Luxembourg. the President of the United States of the Mexico; His Serene Highness the Prince of Monaco; His Majesty the King of Norway; Her Majesty the Queen of the Netherlands; the President of the Republic of Poland; the President of the Portuguese Republic; His Majesty the King of Romania; His Majesty the King of Sweden; the Switzerland Federal Council; the President of the Czechoslovak Republic; the President of the Turkish Republic; His Majesty the King of Yugoslavia, eager to prevent the difficulties which place the diversity of legislation in the countries where cheques are called to circulate, and give more security and speed in international trade relations.
Designated for their Plenipotentiaries: (follow the names of the Plenipotentiaries) which, after communicating their full powers, found in good and due form, have agreed on the following provisions: art. I the High Contracting Parties undertake to introduce in their respective territories, either one of the original texts, in their national languages, the uniform law forming annex 1 of this Convention.
This commitment will eventually report to reserves that in this case, each High Contracting Party shall report at the time of ratification or accession. These reserves should be selected among those referred to in the annex it to this Convention.
However, in terms of reservations referred to in articles 9, 22, 27 and 30 of the annex 11, they may be made subsequent to ratification or accession, provided that they are subject to a notification to the Secretary-General of the League of Nations, which will immediately communicate the text to the members of the League of Nations and non-Member States on behalf of which the Convention has been ratified or on whose behalf it is been joined. These reserves will not get out their effects before the 90th day following the receipt by the Secretary general of the aforesaid notification.
Each of the High Contracting Parties may, in an emergency, make use of the reservations provided for in articles 17 and 28 of the said Annex 11, after the ratification or accession. In these cases, it will have to give direct and immediate communication to all other Parties contracting, and the Secretary-General of the League of Nations. The notification of these reserves will be effective two days after receipt of the communication by the High Contracting Parties.

After the dissolution of the League of Nations, the Secretary-General of the United Nations was responsible for the functions mentioned here (FF 1946 II 1181 1187 and s.).

Art. II in the territory of each of the High Contracting Parties, the Uniform Act shall not apply to cheques already created at the time of the implementation of the Convention.

Art. III. this Convention, of which the french and English texts will also be faith, will be the date of that day.
She can later be signed until July 15, 1931, on behalf of any member of the League of Nations and of any non-Member State.

Art. IV. this agreement will be ratified, and the instruments of ratification will be deposited before September 1, 1933, with the Secretary-General of the League of Nations, which in will immediately notify the reception to all members of the League of Nations and non-Member States on whose behalf the agreement was signed or on whose behalf it was joined.

Art. V from July 15, 1931, any member of the League of Nations and any non-Member State may join.
This membership will be made by notification to the Secretary-General of the League of Nations to be deposited in the archives of the Secretariat.
The Secretary-General shall notify this deposit immediately to all members of the League of Nations and non-Member States on whose behalf the present agreement has been signed or on whose behalf it is been joined.

See the note to the art. I. art. VI the present Convention will enter into force when it has been ratified or that he's been joined on behalf of seven members of the League of Nations or States not members, among which should include three members of the League represented permanently on the Council.
The date of entry into force will be the 90th day following the receipt by the Secretary-General of the League of Nations of the seventh ratification or accession, in accordance with paragraph 1 of this article.
The Secretary of the League of Nations, by making the notifications provided for in articles IV and V report especially that ratifications or accessions referred to in paragraph 1 of this article have been collected.

See the note to the art. I. art. VII. each ratification or accession which will occur after the entry into force of the Convention in accordance with article VI will be released its effect from the ninetieth day following the date of its receipt by the Secretary-General of the League of Nations.

See the note to the art. I. art. VIII except emergency cases, this agreement cannot be terminated before the expiry of a period of two years from the date at which she will be in force for the Member of the League of Nations or the non-Member State which denounces; this denunciation will produce its effects from the ninetieth day after the receipt by the Secretary-General of the notification to him.
Any denunciation shall be immediately communicated by the Secretary-General of the League of Nations to all other High Contracting Parties.
In emergency cases, the High Contracting Party who will carry out the denunciation shall directly and immediately communicate them to all other High Contracting Parties, and the information will be effective two days after receipt of the communication by the said High Contracting Parties. The High Contracting Party who will denounce in these circumstances will notify its decision the Secretary-General of the League of Nations.
Every denunciation shall have effect with regard to the High Contracting Party on whose behalf it has been made.

See the note to the art. I. art. IX. any member of the League of Nations and any non-Member State for which the Convention is in force may apply to the Secretary-General of the League of Nations at the end of the fourth year following the entry into force of the Convention for the revision of some or all of the provisions of this Convention.
If such a request, communicated to other members or non-Member States between which the Convention is in force, is supported, within a period of one year, by at least six of them, the Council of the League of Nations will decide is there place to convene a Conference to that effect.

See the note to the art. I. art. X the High Contracting Parties may declare at the time of signature, ratification or accession that, by their acceptance of this Convention, they do hear assume no obligation with respect to all or any part of their colonies, protectorates or territories under their suzerainty or mandate; in this case, this Convention shall not apply to the territories covered by such a statement.
The High Contracting Parties may at any time thereafter notify the Secretary-General of the League of Nations that they intend to make this Convention applicable to the whole or any part of their territories that were the subject of the declaration provided for in the preceding paragraph. In this case, the Convention would apply to the territories referred to in the notification ninety days after the receipt of the latter by the Secretary-General of the League of Nations.
Similarly, the High Contracting Parties may, in accordance with article VIII, denounce the present Convention to all or any part of their colonies, protectorates or territories under their suzerainty or mandate.

See the note to the art. I. art. XI the present Convention will be registered by the Secretary-General of the League of Nations upon its entry into force.
In faith whereof, the above-named Plenipotentiaries have signed the present Convention.

Done at Geneva, March Nineteen thousand nine hundred thirty and one simple shipping, which will be deposited in the archives of the Secretariat of the League of Nations; copy to be sent to all members of the League of Nations and States not represented at the Conference.
(Follow signatures)

See the note to the art. I. Annex I uniform law on cheque chapter I. The creation and the form of Art. check 1. the check contains: 1. the name of cheque, inserted in the same text of the title and expressed in the language used for the drafting of this title; 2. The term outright to pay a specific sum, 3. The name of the one who has to pay (tire), 4. The indication of the place where payment must be made, 5. The indication of the date and the place where the check is created; 6. The signature of the one who writes the check (shooter).

Art. 2. the title in which one of the particulars specified in the preceding article is lacking does not like check, except in the cases determined by the following paragraphs.
Without special indication, be designated next to the name of the tire is deemed the place of payment. If multiple locations are indicated next to the name of the drawee, the cheque is payable to the first location.
Absence of these indications or any other indication, the cheque is payable to the place where the drawee has his principal place of business.
The check without indication of the place of its creation is considered to be subscribed in the place designated next to the name of the shooter.

Art. 3. the cheque is drawn on a banker with funds at the disposal of the shooter and in accordance with an agreement, express or implied, that the shooter has the right to have these funds by cheque. However, in the event of failure to comply with these requirements, the validity of the ticket as a cheque is not reached.

Under the terms of art. 1102 al. 2 co (RS 220), a cheque on one person other than a banker worth as simple assignment (cf. art. 4 of the schedule he published below). In addition, the Swiss legislature inserted (article 1103 of the CO - RS 220) of the special provisions in the prior provision.

Art. 4. the cheque cannot be accepted. A statement of acceptance on the cheque shall be deemed not to have been written.

Art. 5. the check can be made payable: to a named person, with or without clause expressly "to order";
a person called, with the "not on agenda" or an equivalent clause;
bearer.

The cheque in favour of a named person, with the words 'or bearer', or an equivalent term is worth as a cheque to the bearer.
The check without indication of the recipient is considered cheque to the bearer.

Art. 6. the cheque may be the order of the shooter himself.
The cheque can be pulled for the account of a third party.
The check cannot be shot the shooter himself, except in the case where it is a cheque drawn between different establishments of a same shooter.

Under the terms of art. 993 al. 2 co in relation to art. 1143 al. 1 No. 2 of the CO (RS 220), the check can be also pulled on the shooter himself (cf. art. 8 of annex II published below).

Art. 7. any stipulation of interests inserted into the cheque shall be deemed not to have been written.

Art. 8. the check can be made payable to the home of a third party, either in the locality where the drawee is domiciled or in another locality, to provided, however, that the third party is banker.

Art. 9. the cheque amount is written both in all letters and numbers is, in case of difference, for the amount written in words.
The cheque amount is written several times, either all letters or numbers, worth, in case of difference, for any amount.

Art. 10 if the check signatures of people unable to bind themselves by cheque, false signatures or signatures of imaginary people, or signatures which, for any other reason, cannot force people who have signed the check, or on whose behalf it was signed, the obligations of the other signatories are not less valid.

Art. 11. anyone who puts his signature on a cheque, as representative of a person for which he had no power to act, is obliged itself under the cheque and, if he has paid, has the same rights that had represented alleged. So is the representative who has exceeded its powers.

Art. 12. the shooter is guarantor of the payment. Any clause by which the shooter exonerates this warranty shall be deemed not to have been written.

Art. 13. If an incomplete check in the show, has been completed unlike the agreements reached, failure to comply with these agreements cannot be opposed to the carrier, unless he has acquired the cheque in bad faith or that, acquiring it, he only committed gross negligence.

Chapter II. Transmission art. 14. the stipulated cheque payable to a person called with or without explicit clause 'to order' is transferable through the endorsement.
The stipulated cheque payable to the benefit of a person named with the "not on agenda" or an equivalent clause is transferable only in the form and with the effects of a regular assignment.
The endorsement can be done even in favor of the shooter or other obligor. These people can endorse the cheque again.

Art. 15. the endorsement should be pure and simple. Any condition to which it is subject shall be deemed not to have been written.
Partial endorsement sucks.
Is also no endorsement of the tire.
The endorsement to bearer is considered endorsement in white.
Endorsement to the drawee is worth that as receipt, except in the case where the drawee has several institutions and where the endorsement is made for the benefit of one establishment other than that on which the cheque was drawn.

Art. 16. the endorsement must appear on the check or on a sheet attached (lie). It must be signed by the endorser.
The endorsement may not designate the beneficiary or consist simply in the signature of the endorser (endorsement in white). In the latter case, endorsement, to be valid, must be printed on the back of the cheque or on the extension.

Art. 17. the endorsement transmits all rights resulting from the check.
If the endorsement is in white, the wearer can: (1) fill in the blank, either his name or the name of another person; 2 ° endorse the cheque again in white or another person; (3) the cheque to a third party, without fill in the blanks and endorse it.

Art. 18. the endorser is, unless otherwise, guarantor of the payment.
It can ban a new endorsement-, in this case, it is not required to guarantee to the people to which the cheque is later endorsed.

Art. 19. the holder of a cash cheque is considered legitimate bearer if he justifies his right by a continuous string of endorsements, even if the last endorsement is white. Puzzles endorsements are, to that extent, deemed not written. When an endorsement in white is followed by an another endorsement, the signatory of it shall have acquired the cheque by endorsement in white.

Art. 20. an endorsement on a cheque to the bearer makes responsible endorser according to the provisions governing the remedies-, it does, incidentally, not convert the title in a cheque to order.

Art. 21. when a person has been dispossessed a cheque by some event either, the wearer the hands of which the cheque is reached - whether it's a cheque to the bearer, or whether it's a cash cheque for which the wearer justifies its right of way described in article 19 - is required to divest the cheque if it acquired in bad faith or if , acquiring it, he committed gross negligence.

Art. 22. the people operated under the cheque cannot oppose the wearer exceptions based on their personal relationships with the shooter or the previous holders, unless the bearer, by acquiring the cheque, acted knowingly at the expense of the debtor.

Art. 23 when endorsement contains "value recovery" marked, "for collection", "by proxy" or anything else involving a simple mandate, the holder can exercise all the rights arising from the check, but he cannot take it as a proxy.
The forced cannot, in this case, against the carrier that the exceptions that would be applicable in relation to the endorser.
In an endorsement of Attorney mandate does not end by the death of the principal or the occurrence of incapacity.

Art. 24. the endorsement after the protest or an equivalent declaration, or after the expiry of the deadline, produces only the effects of a regular assignment.
Unless proved otherwise, the endorsement without date is presumed to have been done before the protests or the equivalent findings or before the expiry of the period referred to in the preceding paragraph.

Chapter III. Downstream art. 25. the payment of a cheque can be guaranteed for all or part of the amount by a downstream.
This warranty is provided by a third party, except the tire, or even by a maker of the cheque.

Art. 26. the approval is given on the cheque or an extension.
It is expressed by the words 'good for stream' or by any other equivalent formula; It is signed by the downstream principal.
It is considered as a result of the signature of the downstream client, affixed to the front of the cheque, except when it comes to the signature of the shooter.

Approval must indicate to whom it is given. Without this indication, it is deemed given to the shooter.

Art. 27. the donor of downstream is required in the same way that it carried guarantor.
His commitment is valid, even though the obligation it has warranty would be void for any cause other than a technicality.
When he pays the check, the downstream principal acquires the rights resulting from the check against the guaranteed and those who are liable to the latter under the cheque.

Chapter IV. The presentation and the payment art. 28. the cheque is payable at sight. Any otherwise stated shall be deemed not to have been written.
The cheque presented to the payment before the day indicated as the date of issue is payable the day of the presentation.

Art. 29. the cheque issued and payable in the same country must be submitted to the payment within the period of eight days.
The check issued in another country where it is payable must be presented within, either twenty days, 70 days, depending on whether the place of issue and the place of payment are located in the same or in another part of the world.
In this respect, the cheques issued in a country of Europe and payable in a riparian countries of the Mediterranean and vice versa are considered issued and payable in the same part of the world.
The starting point of the above-mentioned deadlines is the day focused on the cheque as date of issue.

Art. 30. when a cheque is drawn between two places having different schedules, the day of the show will be reduced to the corresponding day in the calendar of the place of payment.

Art. 31. the presentation to a clearing house equals the payment submission.

Under the terms of art. 1118 co (RS 220), the presentation has this effect if it is made at a clearing house managed by the Swiss National Bank (cf. art. 15 of annex II published below).

Art. 32. the revocation of the check has any effect only after the expiration of the deadline.
If there is no revocation, the drawee may pay even after the expiry of the period.

Swiss legislators here introduced a supplementary provision (article 1119 para. 3 of the CO - RS 220) determining that the shooter, if the cheque has been lost, may prohibit the payment to the drawee (cf. art. 16 par. 2 of annex II published below).

Art. 33 the death to the shooter or his disability occurring after the show affect the effects of the cheque.

Art. 34. the drawee may require, by paying the check, he is handed him acquitted by the wearer.
The carrier cannot refuse a partial payment.
In the case of partial payment, the drawee may require that this payment is mentioned on the check and that a receipt should be given.

Art. 35. the drawee that pays a cash cheque is obliged to check the regularity of the suite of endorsements but not the signature of the endorsers.

Art. 36 when a cheque is payable in a currency not having classes instead of payment, the amount can to be paid within the period of presentation of the cheque, in the currency of the country according to its value on the day of payment. If the payment has not been made to the presentation, the carrier may, at his choice, ask that the amount of the cheque is paid in the currency of the country according to the course, either the day of the presentation, by the day of the payment.
The uses of the place of payment are used to determine the value of the foreign currency. However, the shooter may stipulate that the amount to be paid will be based on a course determined in check.
The above rules will not apply in case the shooter has stipulated that the payment will be made in. a certain specified currency (payment in a foreign currency clause).
If the amount of the cheque is in a currency with the same name, but a different value in the country of issue and the payment, it is assumed referring to the currency of the place of payment.

Chapter V. The crossed cheque and cheque to wear into account art. 37. the shooter or the holder of a cheque can cross it with the effects listed in the following article.
The crossing is made using two parallel bars attached to the front. It may be general or special.
The crossing is general if it does between the two bars no designation or the 'banker' statement or an equivalent term. It is special if a banker's name between the two bars.
The general crossing can be transformed into special crossing, but the special crossing can be transformed into general crossing.
The erasing of the crossing or the name of the designated banker is deemed void.

Art. 38. a general crossing cheque can be paid by the drawee only to a banker or a client to the drawee.
A special crossing cheque can be paid by the drawee to the designated banker or, if this is the tire, to his client. However, the designated banker may use for cashing another banker.
A banker cannot acquire a crossed cheque to one of its customers or another banker. He can't cash it on behalf of others than these.
A check with several special barrements can be paid by the drawee only in case it's two barrements one for collection by a room compensation.
The drawee or the banker who does not observe the provisions above is responsible for damage up to the amount of the cheque.

Art. 39. the shooter as well as the holder of a cheque can defend be paid cash, by inserting the front the cross reference "to charge" or an equivalent expression.
In this case, the check may give rise, on the part of the tire, to a settlement by Scriptures (credit account, transfer or compensation). The settlement by Scriptures is payment.
The erasing of the mention "charge" is deemed void.
The drawee who does not observe the provisions above, is responsible for the damage up to the amount of the cheque.

After the art. 39, the Swiss legislature has inserted (art. 1126 and 1127 of the CO - RS 220) the provisions concerning the rights of the holder of a cheque for compensation in the event of bankruptcy, suspension of payment and entry, or in case of refusal to operate transfer or compensation (cf. art. 19 of annex II published below).

Chapter VI. The appeals for lack of payment art. 40. the holder may exercise its remedies against the endorsers, the shooter and the other obligors, if the cheque, presented in good time, is not paid and if the refusal of payment is found: (1) either by an authentic Act (protest); (2) or by a declaration of the drawee, dated and written on the cheque with the indication of the day of the presentation; (3) either by a statement of a clearing house noting that the cheque was handed in time useful and that it has not been paid.

Art. 41. the protests or the equivalent declaration must be made before the expiry of the deadline.
If the presentation takes place on the last day of the period, the protest or the equivalent may be established the next day.

Art. 42. the carrier must give notice of default to the endorser and the shooter within four working days following the day of the protest or the equivalent declaration, and, in case of return free of charge clause, the day of the presentation. Each endorser must, within two working days following the day when he received the notice, make his endorser's opinion that he received, indicating the names and addresses of those who have given prior reviews, and so on, back to the shooter. The time above specified run of the receipt of the previous opinion.
When in accordance with the preceding paragraph, a notice is given to a maker of the cheque, the same notice must be given within the same period to its Italy.
Where an endorser did not address or has indicated it somehow unreadable, simply that the notice be given to the endorser that precedes.
Anybody who has an opinion could do a form, even by a simple reference of the cheque.
He must prove that he gave the notice within the time limit. This period will be considered as observed if a missive letter giving the notice has been updated the post within this period.
He who does not give notice within the time limit indicated above, incurs no loss; He is responsible for, if there is one, for the damage caused by his negligence, damages cannot exceed the amount of the cheque.

Art. 43. the shooter, an endorser or an Italy may, by the "return free" clause, "no protest", or any other equivalent provision, appears on the instrument and signed, provide the bearer, to exercise its remedies, to establish a protest or an equivalent declaration.
This clause rie waiver not the bearer of the presentation of the cheque within the prescribed time or advice to give. Evidence of failure to comply with the time limit is up to that prevailing against the carrier.

If the clause is written by the shooter, it produces its effects on all signatories; If it is written by an endorser or an Italy, it produces its effects only in respect of it. If, despite the clause entered by the shooter, the carrier made establish the protest or the equivalent declaration, charges are dependant. When the clause is an endorser or sponsors, fees of the protest or the equivalent declaration, if drawn an act of this nature, may be recovered against all signatories.

Art. 44. all persons obliged under a cheque are held jointly and severally towards the wearer.
The carrier has the right to act against these people, individually or collectively, without be required to observe the order in which they are forced.
The same right belongs to all signatory of a cheque which has repaid it.
The action against one of the obliged does not preclude action against others, even subsequent to that first sued.

Art. 45. the carrier may claim against which he does his appeal: (1) the amount of the cheque paid; 2 ° interest at the rate of six percent from the day of the presentation; (3) fees of the protest or the equivalent declaration, those notices given, as well as other costs.

Under the terms of art. 1130 ch. 4 (RS 220) co, the bearer can also claim a commission of one third per cent at most (cf. art. 24 para. 1 of annex II published below).

Art. 46. one who has paid the cheque may claim to its sponsors: (1) the full amount paid; (2) the interest of the sum, calculated at the rate of six percent, from the day where it has disbursed it; (3) the charges he made.

Under the terms of art. 1046 ch. 4 of CO in relation to art. 1143 al. 1 c. 13 co (RS 220), who has repaid the cheque can also claim a commission of two per thousand at most (cf. art. 24 par. 2 of annex II published below).

Art. 47. all required against which an appeal has been exercised or who is exposed to an appeal may require, cod, delivery of the cheque with the protest or the equivalent Declaration and a paid account.
Any endorser who has repaid the cheque can delete his endorsement and those of the subsequent endorsers.

Art. 48. when the presentation of the cheque, making the protest or the equivalent declaration in the prescribed time is prevented by an insurmountable obstacle (legal requirement of one State, or any other force majeure), these time limits are extended.
The bearer is required, without delay, give notice of the case of force majeure its endorser and mention this notice, dated and signed by him, on the cheque or on an allonge-, for the surplus, the provisions of article 42 shall apply.
After the termination of the force majeure, the carrier must, without delay, present the cheque to the payment and, if it is necessary, establish the protest or an equivalent declaration.
If the force majeure persists beyond fifteen days from the date on which the holder has, even before the expiry of the period of presentation, given notice of force majeure its endorser, remedies may be exercised without or presentation or protest or an equivalent declaration is necessary.
Are not considered as force majeure the purely personal facts to the bearer or to that he was responsible for the presentation of the cheque or the establishment of protest or an equivalent declaration.

After the art. 48, the Swiss legislature designated who bears the damage of a fake cheque or falsified (s. 1132 of the CO - RS 220). In addition, in art. 1143 al. 1 ch. 14 and 15 of the CO (RS 220), he declared applicable to check the provisions of the law of Exchange (article 1052 and 1053 of the CO - RS 220) relating to the rights deriving from the enrichment and the transfer of the provision (see art. 19 and 25 of annex II published below).

Chapter VII. The plurality of copies art. 49. except the bearer cheques, any cheque issued in one country and payable in another country or in a part of the same overseas countries and vice versa, or well issued and payable in the same part or parts overseas from the same country can be drawn in several identical copies. When a cheque is made in several copies, these copies must be numbered in the text of the title, failing which each of them is considered a separate cheque.

Art. 50. the payment made on one of the copies is liberating, even though it is not stated that this payment cancels the effect of the other copies.
The endorser who gave copies to different people, as well as the subsequent endorsers, are kept because of all the copies with their signature which have not been returned.

Chapter VIII. Alterations art. 51. in the case of tampering with the text of a cheque, the subsequent to this alteration signatories are required in terms of the text altered; the previous signatories are in terms of the original text.

Chapter IX. The prescription of art. 52 stocks in recourse of the carrier against the endorsers, the shooter and the other obligors prescribed by six months from the expiry of the deadline.
Stocks in use of various obliged to the payment of a check against the other prescribed by six months from the day where the obligor has paid the cheque or the day where it was itself operated.

Art. 53. the interruption of prescription has no effect against the person in respect of which the interruption Act was done.

The Swiss legislator here introduced additional provisions (arts. 1070 and 1071 co in relation to art. al 1143. 1 c. 18 CO - RS 220) that determine particular causes of interruption of the prescription (cf. Article 26 of annex II published below).

Chapter X. provisions general art. 54. in this Act, the word 'banker' also includes the people or institutions assimilated by the law to the bankers.

Under the terms of art. 1135 (RS 220), the word 'banker' co includes business reasons that are submitted to the THE Nov. 8. 1934 on banks and savings banks (RS 952.0) (cf. Article 29 of annex II published below).

Art. 55. the presentation and the protest of a cheque can be made that day.
When the last day of the period allowed by law for the performance of acts relating to the cheque and especially for the presentation, or for the establishment of protest or an equivalent Act, is a legal holiday, this period is extended until the first business day following the expiration. Intermediate holidays are included in the computation of the period.

Swiss Parliament indicated (article 1136 of the CO - RS 220) the notion of legal holiday (see art. 27 of annex II published below). In addition, in art. 1143 al. 1 c. 20 co, he said applicable to check the provisions concerning the place where should be acts relating to the letter of Exchange and those concerning the handwritten signature (art. 1084 and 1085 co) (cf. art. 2 of annex II published below). By a special prescription, (art. CO 1144), he booked the special provisions governing the postal cheque (cf. art. 30 of annex II published below). Finally, he added provisions regulating the conflict of laws (art. 1138 to 1142 of CO) consistent with the convention to address some conflicts of laws on cheques (RS 0.221.555.2).

Art. 56. the time limits set by this Act do not include the day that serves as a starting point.

Art. 57. no day of grace, nor legal or judicial, is admitted.

Execution of the agreement, the Swiss legislator introduced in CO (RS 220 art. 1100 to 1144) texts of the Uniform Act, with various modifications reserved by Annex II published below.

Annex II art. 1. each high party contracting may prescribe the obligation to insert in checks created on its territory the designation of "cheque" provided for in article 1, OR 1 of the uniform law, and the obligation of the No. 5 of that article, to indicate the place of creation of the cheque will apply until six months after the entry into force of this Convention.

Art. 2. each of the High Contracting Parties, for commitments made checks on its territory, the right to determine how it may be compensated to the signature itself, provided that a genuine statement entered on the check is the will of him who should sign.

See the note to the art. 55 of the Uniform Act.

Art. 3. by derogation from article 2, paragraph 3, of the Act, each of the High Contracting Parties has the ability to prescribe that the cheque without indication of the place of payment is considered as payable instead of its creation.

Art. 4. each of the High Contracting Parties reserves the right, on cheques issued and payable in its territory, to decide that cheques drawn on people other than the bankers or the people or institutions assimilated by the law to the bankers, are not valid as cheques.
Each of the High Contracting Parties also reserves the right to introduce into its national law article 3 of the Uniform Act, in the form and the terms best suited to use it will make of the provisions of the preceding paragraph.


The Switzerland has made use of the Faculty here expected. See the note to the art. 3 of the Uniform Act.

Art. 5 each of the High Contracting Parties has the power to determine when the shooter should have funds available at the tire.

Art. 6. each of the High Contracting Parties has the faculty to admit that the tire part on the check a statement of certification, confirmation, visa or other equivalent statement, provided that this declaration does not have the effect of an acceptance, and adjust the legal effects.

Art. 7. by way of derogation to articles 5 and 14 of the uniform law, each of the High Contracting Parties reserves the right to prescribe, with regard to cheques payable in its territory and dressed in the "non-transferable" clause, such a check can be paid to the carrier who has received it with this clause.

Art. 8. each of the High Contracting Parties reserves the right to resolve the issue of whether outside cases referred to in article 6 of the uniform law, the check can be drawn on the shooter himself.

The Switzerland has made use of the Faculty here expected. See the note to the art. 6 of the Uniform Act.

Art. 9. by derogation from article 6 of the uniform law, each of the High Contracting Parties, either she admits in a general way the cheque drawn on the shooter himself (art. 8 of this annex), or admit that in the case of multiple institutions (art. 6 of the Uniform Act), reserves the right to prohibit the issuance of a check of this kind to the bearer.

Art. 10 each of the High Contracting Parties, by derogation from article 8 of the uniform law, reserves to admit that a cheque is stipulated payable at the home of a third party other than a banker.

Art. 11 each of the High Contracting Parties reserves the right not to include article 13 of the uniform act in its national law.

Art. 12 each of the High Contracting Parties reserves the right not to apply article 21 of the Uniform Act regarding the cheque to the bearer.

Art. 13. by derogation from article 26 of the Uniform Act, each of the High Contracting Parties has the ability to admit that an endorsement could be given on its territory by a separate Act, indicating the place where it occurred.

Art. 14. each of the High Contracting Parties reserves the right to extend the period provided for in paragraph 1 of article 29 of the Uniform Act and to set the timelines for what concerns the territories subject to its sovereignty or authority.
Each of the High Contracting Parties, notwithstanding paragraph 2 of article 29 of the uniform law, reserves the right to extend the time limits in the provision for checks issued and payable in different parts of the world or in the different countries of a part of the world other than Europe.
Two or more of the High Contracting Parties have the option, with regard to cheques issued and payable on their respective territories, to agree to change the deadlines prescribed in paragraph 2 of article 29 of the Uniform Act.

Art. 15. each of the High Contracting Parties has the ability to determine, for the purposes of section 31 of the uniform law, the institutions which, according to national law, should be considered as clearing houses.

The Switzerland has made use of the Faculty here expected. See the note to the art. 31 of the Uniform Act.

Art. 16 each of the High Contracting Parties reserves, by derogation from article 32 of the uniform law, the Faculty for the cheques payable in its territory: a. to admit the revocation of the check even before the expiry of the deadline, (b) to prohibit the revocation of the cheque, even after the expiry of the deadline.

In addition, each of the High Contracting Parties has the faculty to address measures to be taken in case of loss or theft of the cheque and to determine the legal effects.

The Switzerland has made use of the Faculty here expected. See the note to the art. Article 32 of the Uniform Act.

Art. 17 each of the High Contracting Parties has the ability to override, if it deems it necessary, in exceptional circumstances pertaining at the exchange rate of the currency of his country, to the effects of the clause under article 36 of the Act relative to the actual payment in a foreign currency with respect to the cheques payable in its territory and uniform. The same rule can be applied with regard to the creation of the cheques in foreign currencies on the national territory.

Art. 18. each of the High Contracting Parties reserves the right, by way of derogation to articles 37, 38 and 39 of the Uniform Act, to allow in its national law that crossed cheques or cheques to wear into account. However, crossed cheques and the cheques to be issued abroad and payable account in its territory will be considered, respectively, to wear into account and like crossed cheques cheques.
Each of the High Contracting Parties also has the ability to determine the reference according to the national law, indicating that the cheque is a cheque to wear into account.

Art. 19. the question of whether the wearer has special rights on the provision and what are the consequences of these rights, stay out of the Uniform Act.
It is the same for any other questions about the report on the basis of which the check was issued.

The Switzerland has made use of the faculties here planned. See the note to the art. 39 and 48 al. 5 of the uniform law art. 20. each of the High Contracting Parties reserves the right to not subordinate to the presentation of the cheque and the establishment of the protest or an equivalent declaration in due time the conservation of the appeal against the shooter and effect of this appeal.

Art. 21 each of the High Contracting Parties reserves the right to prescribe, for what concerns the cheques payable in its territory, that the finding of the refusal of payment provided for in articles 40 and 41 of the Uniform Act, for the conservation of the appeal must be made by a protest to the exclusion of any act equivalent.
Each of the High Contracting Parties also has the ability to prescribe that the declarations provided for in our 2 and 3 of article 40 of the Uniform Act, be transcribed on a public registry within the deadline fixed for the protest.

Art. 22. by way of derogation to article 42 of the Act, each of the High Contracting Parties has the ability to maintain or to introduce the system of notice to be given by the public officer, know that by the protest, the notary or the official who, according to national law, is allowed to draw up the protest is required to give notice in writing to those people in the check which addresses are , is indicated on the cheque, or known by the officer publishes drawing up the protest, is indicated by the people who have required the protest. Expenses resulting from such a notice are to add to the costs of the protest.

Art. 23 each high party contracting has the faculty to prescribe in what concerns cheques which are both issued and payable on its territory, that the interest rate, referred to article 45, no. 2, and article 46, No 2, of the Uniform Act, may be replaced by the statutory rate in force in the territory of the High Contracting Party.

Art. 24. by derogation from article 45 of the Uniform Act, each of the High Contracting Parties reserves the right to insert a provision prescribing that the wearer can claim a right to commission whose amount will be determined by the national law against which he does his appeal in its national law.
It is, by way of derogation to article 46 of the Uniform Act, with respect to a person who, having paid the check, claims the amount to its sponsors.

The Switzerland has made use of the faculties here planned. See the note to the art. 45 and 46 of the Uniform Act.

Art. 25 each of the High Contracting Parties is free to decide that, in the case of revocation or limitation, it will continue on its territory an action against the shooter who made no provision or a drawer or an endorser who is would be unjustly enriched.

Regarding the shooter, the Switzerland has made use of the Faculty here expected. See the note to the art. 48 al. 5 of the Uniform Act.

Art. 26. it is for the legislation of each of the High Contracting Parties to determine the causes of interruption and suspension of the limitation of actions resulting from a cheque which the courts have to know.
The other High Contracting Parties are free to determine the conditions to which they will recognize such causes. So, too, is the effect of an action as a way to run the limitation period provided for in article 52, paragraph 2, of the Uniform Act.

The Switzerland has made use of the Faculty here expected. See the note to the art. 53 of the Uniform Act.

Art. 27. each of the High Contracting Parties has the ability to prescribe that some days will be assimilated to legal holidays regarding the deadline and all acts relating to the cheques.

See the note to the art. 55 of the Uniform Act.

Art. 28 each High Contracting Party has the right to enact exceptional extension of the payment provisions of a general nature as well as deadlines for provisional remedies acts.

Art. 29


It is up to each of the High Contracting Parties, with a view to the application of the uniform law, to determine what are bankers and what are the people or institutions that due to the nature of their activity, are assimilated to the bankers.

The Switzerland has made use of the Faculty here expected. See the note to the art. 54 of the Uniform Act.

Art. 30. each high party contracting reserves the right to exclude, in whole or in part, the application of the uniform law regarding the Giro and special checks, by the central banks, either public funds, or public Institutions of credit, as the above securities are subject to special regulations.

For the Giro, the Switzerland has made use of the Faculty here expected. See the note to the art. 55 of the Uniform Act.

Art. 31 Protocol field of application on December 12, 2005 each of the High Contracting Parties agrees to recognize the provisions adopted by any High Contracting Party under articles 1 to 13, 14, paragraphs 1 and 2, 15 and 16, 18 to 25, 27, 29 and 30 of this appendix.
Protocol at the moment to proceed with the signing of the Convention, as of this day, providing a uniform law on cheques, the undersigned, duly authorized, have agreed on the following provisions: A the members of the League of Nations and non-Member States which would not have been able to deposit their ratification on the Convention before 1 September 1933 are committed to address , within fifteen days of this date, a communication to the Secretary-General of the League of Nations, for him to publicize the situation in which they find themselves with regard to ratification.
B if, at the date of the, November 1933, the conditions provided for in article VI, paragraph 1, for the entry into force of the Convention, are not met, the Secretary-General of the League of Nations will convene a meeting of the members of the League of Nations and States who have signed the Convention or there would have agreed.
This meeting will be the review of the situation and the measures to be taken, as appropriate, to deal with.
C the High Contracting Parties communicate reciprocally, from their entry into force, legislative provisions that establish on their respective territories in implementation of the Convention.
In faith whereof, the Plenipotentiaries have signed the present Protocol.
Done at Geneva, March Nineteen thousand nine hundred thirty and one simple shipping, which will be deposited in the archives of the Secretariat of the League of Nations, copy to will be sent to all members of the League of Nations and all the States non-members represented at the Conference.
(Follow signatures)
Scope of application on 12 December 2005, States parties Ratification, accession (A) entry into force Germany October 3, 1933 January 1, 1934 Austria 1 December 1958 March 1, 1959 Azerbaijan August 30, 2000 has 28 November 2000 Belgium December 18, 1961 has 18 March 1962 Brazil August 26, 1942 24 November 1942 China Macao October 19, 1999 December 20, 1999 Denmark July 27, 1932 January 1, 1934 Greenland 1 July 1965 was September 29, 1965 Finland August 31, 1932

1 January 1934 France 27 April 1936 A 26 July 1936 Greece June 1, 1934 30 August 1934 Hungary 28 October 1964 A 26 January 1965 Indonesia March 9, 1959 27 December 1949 Italy August 31, 1933 January 1, 1934 Japan August 25, 1933 January 1, 1934 Liberia September 16, 2005 was December 15, 2005 Lithuania 10 February 1997 has 11 May 1997 Luxembourg August 1, 1968 October 30, 1968 Monaco 9 February 1933 1 January 1934 Nicaragua 16 March 1932 January 1, 1934 Norway July 27, 1932 January 1, 1934 Netherlands April 2, 1934 1 July 1934 Curaçao July 16, 1935 was October 14, 1935 Suriname 7 August 1936 A November 5, 1936 Poland 19 December 1936 was March 19, 1937 Portugal 8 June 1934 September 6, 1934 Portuguese overseas territories 18 August 1953 A November 16, 1953 Sweden July 27, 1932 January 1, 1934 Switzerland 26 August 1932 July 1, 1937 reservations and declarations see below.

From 16 nov. Dec. 19, 1953. 1999, the convention was applicable in Macao on the basis of a declaration of territorial extension of the Portugal. From Dec. 20. 1999, Macao became a special administrative Region (SAR) of the People's Republic of China. Under the declaration Chinese Dec. 1. 1999, the convention is also applicable to the Macao SAR from 20 dec. 1999. after the dissolution of the League of Nations, the Secretary-General of the United Nations was responsible for the functions mentioned here (FF 1946 II 1181 1187 and s.).
A version of the update scope is published on the web site of the FDFA (http://www.eda.admin.ch/eda/f/home/foreign/intagr/dabase.html).

Reservations and declarations Germany this ratification is given under the reservations provided for in articles 6, 14, 15, 16, paragraph 2, 18, 23, 24, 25, 26 and 29 of annex II to the convention.
Austria ratification is given under the reservations provided for in articles 6, 14, 15, 16 (para. 2), 17, 18, 23, 24, 25, 26, 27, 28, 29 and 30 of annex it to the convention.
(Notification received by the Secretary-General on 26 November 1968 in accordance with art. 1, para. 3 of the convention). Regarding the deadline of submission and all acts relating to the cheques, the list of holidays and days assimilated to these holidays is the following: 1 January, 6 January, good Friday, Easter Monday, 1 may, Ascension, Whit Monday, Corpus Christi, 15 August, 26 October, 1 November, 8 December, 25 and 26 December, Saturday and Sunday.
Belgium the Belgian Government reserves the right to make use of all of the faculties provided for in the annex it to the convention.
Brazil under the reservations provided for in articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 23, 25, 26, 29 and 30 of annex II.
Denmark (Greenland) the commitment of the Government of the King to introduce the Denmark the uniform law forming annex 1 to this convention is subject to the reservations referred to in articles 4, 6, 9, 14, paragraph 1, 16, paragraph 1, letter a, 18, 25, 26, 27 and 29 of annex it to the convention.
(Notification made in accordance with art. 1, para. 3 of the conv.). As of December 11, 1965, Saturdays are considered holidays.
Finland this ratification is subject to the reservations mentioned in articles 4, 6, 9, 14, paragraph 1, 16, paragraph 1, letter a, 18 and 27 of the annex it to this convention. In addition, the Finland has made use of the right granted to the High Contracting Parties by articles 25, 26 and 29 of the said annex, to legislate on the matter is mentioned.
(Notifications made in accordance with art. 1, para. 3 of the convention). As of June 1, 1966, on 1 May and Saturdays of the months of June, July and August are considered holidays. As of 1 April 1968, Saturdays are considered holidays.
France declared make application items 1, 2, 4, 5, 6, 7, 9, 11, 12, 13, 15, 16, 18, 19, 21, 22, 23, 25, 26, 27, 28, 29, 30 and 31 of annex it to this convention.
Greece in the following conditions: a. - the Greek Government does not make use of reservations to articles 1, 2, 5 to 8, 10 to 14, 16, paragraph 1, letters a) and b), 18, paragraph 1, 19 to 22, 24, 26, paragraph 2, of the annex it.
B. - The Greek Government made use of the following reservations provided for in annex II:

1. the reservation in article 3, paragraph 3 of article 2 of the Uniform Act is replaced by: "the cheque without indication of the place of payment is considered as payable instead of its inception". 2. Subject to article 4, and the following subparagraph is added to article 3: "a cheque issued and payable in Greece is valid as cheque if he pulled on a banking company or on a Greek legal person of public law doing business of Bank". 3. Subject to article 9, the following provision is added to paragraph 3 of article 6 of the uniform law: "But, in this exceptional case, the issue of the cheque to the bearer is forbidden". 4. Subject to article 15, the following paragraph being added to article 31 of the uniform law: "by presidential decree, caused by the Ministers of justice and the national economy, it can be determined what are the institutions regarded in Greece as clearing houses '. 5. The reserve of the second paragraph of article 16, and it is fixed that ' Hellenic law will be written provisions on the loss or theft of cheques". 6. Subject to article 17; at the end of article 36, the following subparagraph is added: "in exceptional circumstances relating in the Hellenic Exchange, the effects of the provision of paragraph 3 of this article may be revoked in each case by special laws, with respect to cheques payable in Greece. "The same provision can be applied also regarding checks issued in Greece '. 7. The reservation in article 23; in no. 2 of article 45 of the Uniform Act is added: 'which, with respect to cheques issued and payable in Greece, are however calculated in each case to the legal interest in force in Greece. Similarly, in no. 2 of article 46 of the Act is added: "the special case of the No. 2 of the previous article being maintained". 8. The reservation in article 25; the following article is added to national law: 'in case either of forfeiture bearer or prescription of the right of appeal, it will survive against the shooter or against the endorser action by the fact that it would be enriched themselves unfairly, this action lapses after three years from the date of the issuance of the check'. 9. The reservation of paragraph 1 of article 26; the following provision is worded: "the causes of interruption and suspension of the requirements of this Act are governed by the provisions on prescription and the prescription in the short-term". 10. The reservation in article 27; the following independent article is stated: ' holidays in the meaning of this Act are every Sunday and all days of complete rest of public offices ". 11. The subject to article 28, as well as of article 29.12. Subject to article 30, Hungary in accordance with article 30 of annex II to the convention, the uniform law on cheques shall not apply to special categories of checks used for internal trade between the Socialist economic organizations.
(Notification made in accordance with art. 1, para. 3 of the convention). With respect to cheques, no payment may be claimed on Hungarian territory legal feast days indicated below: January 1, April 4, 1 may, 20 August, 7 November, December 25, December 26, Easter Monday and the weekly day of rest (normally Sunday).
Italy in accordance with article 1 of this convention, the royal Government of Italy stated that it intends to avail itself of the faculties provided for in articles 2, 3, 4, 5, 6, 7, 9, 10, 14, 16, paragraph 2, 19, 20, 21, paragraph 2, 23, 25, 26, 29 and 30, annex II. Compared to article 15, annex it to this convention, the institutions in question that article are in Italy the "stanze di compensazione" only.
Japan by application of paragraph 2 of article 1 of the convention, ratification is given subject to the benefit of the provisions referred to in annex it to this convention.
Norway this ratification is subject to the reservations mentioned in articles 4, 6, 9, 14, paragraph 1, 16, paragraph 1, letter, and 18 of annex it to that convention, and the royal of Norway Government reserves, at the same time, to avail itself of the right granted to the Hautes Parties by articles 25, 26, 27 and 29 of the said Annex to legislate on matters there mentioned.
(Notification made in accordance with art. 1, para. 3 of the convention). In a communication received on 15 April 1970, the Government of Norway informed the Secretary-General as of June 1, 1970 would be enacted in Norway a legislative provision equating to public holidays on Saturdays and 1 May.
Netherlands (for the Kingdom in Europe, Surinam and Curaçao) under the reserves referred to in annex it to the convention.
The ratification of the Poland Poland is subject to the reservations provided for in articles 3, 4, 5, 8, 9, 14, paragraph 1, 15, 16, paragraph 1, letter has), 16, paragraph 2, 17, 23, 24, 25, 26, 28, 29 and 30 of annex it to this convention.
Sweden this ratification is subject to the reservations that mention articles 4, 6, 9, 14, 1 section, 16, 1 paragraph, letter a, and 18 of the annex it to the convention, and the Government royal of Sweden has, moreover, made use of the right granted to the high contracting parties by articles 25, 26 and 29 of the said Annex to legislate on matters are mentioned.
(Notification made in accordance with art. 1, para. 3 of the convention). As of October 1, 1965, Saturdays are assimilated to legal holidays.
Switzerland this ratification is given subject to articles 2, 4, 8, 15, 16, 2 paragraph, 19, 24, 25, 26, 27, 29 and 30 of the schedule it.

Art. let 2. a of AF of July 8, 1932 (RS 11 877) RS 11 834; FF 1931 II 341 art. let 2. a of AF of the 8 July 1932 (RS 11 877) State 11. July 2006

Related Laws