Inability to Present Checks Due to Coronavirus and Points to Consider
kIn order to reduce the spread rate of the new coronavirus disease, curfews are being imposed in many countries. In our country, with the circular published by the Ministry of Interior on March 21, 2020, a curfew was imposed on those over 65 years of age and those with chronic illnesses. The said prohibition constituted force majeure for the holders subject to the prohibition in terms of the presentation, protest, or equivalent determination of checks, and the specifiedtime periods were extended pursuant to Article 811 of the Turkish Commercial Code. In this article, we will discuss the points to be considered during this period in order to avoid loss of rights.1-The holder is obligated to notify their own endorser without delay that they are subject to the curfew and to record this notification on the check or allonge, writing the place and date and signing it.The notification must be made through a notary public pursuant to Article 811/2. However, since the holder is subject to the curfew, the notification can only be made through a proxy or by drafting the notification text at home.2-After the curfew is lifted, the holder is obligated to present the check for payment without delay and, if necessary, to have a protest or an equivalent determination made.3-If the curfew, provided that it occurs before the expiration of the presentation period, continues for more than 15 days from the date the holder notified the debtor preceding them of this reason, the right of recourse may be exercised without the need to present the check, draw a protest, or make an equivalent determination.However, in order for the holder to benefit from this right, the notification obligation set forth in the second paragraph of the article must be fulfilled as specified in the law. 4-If the check is not presented within the legal presentation period due to the prohibition, even if it is understood that the check is dishonored when presented during the extended period, the offense of "issuing a dishonored check" will not be committed. Because pursuant to Article 5/1 of the Check Law, the offense of issuing a dishonored check will only be committed if the check is presented "within the legal presentation period according to the date of issuance written on the check."For the Legal Dimensions, Legislation, and Latest Developments Regarding the Coronavirus Pandemic, click here.Trainee Att. Kevser TURAN
