Fundamento Legal Del Cheque De Caja
The subscriber may revoke the certified cheque if he returns it to the recipient for cancellation. Actions against a person who issues or circulates traveller`s cheques are time-barred one year after the date on which the cheques are put into circulation. Article 185 As long as the time limits provided for in Article 181 have not expired, the subscriber may neither revoke the cheque nor oppose its payment. An objection or revocation which infringes the provisions of this Article shall have effect on the addressee only after the expiry of the time limit for submission. From the day after payment of the check, that of the endorsers and that of the guarantors. Article 207 Appeals against the person certifying a cheque shall be time-barred within six months from the date on which the time limit for submission ends. The recipe in this case will only use the drawer. Article 199 Before issuing the cheque, the subscriber may request the recipient to certify it and declare that he has sufficient funds to pay for it. The cheque issued for amounts greater than those determined by the Bank of Mexico, published by general provisions in the Official Gazette of the Federation, is always nominative. Article 196 Articles 78, 81, 85, 86, 90, 109 to 116, 129, 142, 143 second, third and fourth paragraphs, 144 (2) and (3), 148, 149, 150, Divisions II and III, 151 to 156, 158, 159, 164 and 166 to 169 apply to cheques.
It follows from the content of Articles 199 and 200 of the General Law on securities and credit transactions that a bank cheque is a payment order issued by a credit institution which is payable in its own branches to the beneficiary named in the cheque and not to third parties. Article 179 The cheque may be nominative or bearing. Article 180 The cheque shall be presented for payment at the address indicated therein and, failing such mention, presented to the principal establishment which the beneficiary has at the place of payment. Article 201 Cheques which are not transferable, because the corresponding clause has been inserted therein or because they are so incorporated by law, may be endorsed by a credit institution only for the purpose of recovery. Therefore, it is recommended not to settle transactions by cashier`s cheque beyond the limits set out in section 32 of the Federal Act on the Prevention and Identification of Transactions with Resources of Illicit Origin in order to avoid a possible fine of $10,000 and up to 65,000 times the AMU ($868,800.00 to $5,647,200.00 for 2020). or from 10 to 100% of the value of the action or project. A cheque which does not indicate who he issued and a cheque issued to a specific person and which also contains the bearer clause are deemed to be the holder of the cheque. Article 198 The subscriber or holder may prohibit the payment in cash of a cheque by charging the expression “credit”. In this case, the cheque may be deposited with any credit institution which may deposit the amount in the account it carries or opens only for the benefit of the beneficiary. The cheque is not negotiable from the moment the credit clause is inserted. The clause cannot be deleted. If the cheque is presented to the clearing house and the recipient refuses to pay in whole or in part, the Board certifies this fact and the timely submission of the document during the inspection.
This remark will serve as a protest. If the cheque appears in the skeleton of the cheque which the subscriber has made available to the subscriber, the subscriber may oppose payment only if the change or falsification is known or if, after losing the skeleton or cheque book, he has informed the addressee of the loss in good time. Article 183 The drawer is responsible for the payment of the cheque. Something else is considered untouched. Article 200 Only credit institutions are allowed to issue bank cheques at the expense of their own units. To be valid, these controls must be nominative and non-negotiable. In the cases referred to in the two preceding paragraphs, the holder of the cheque shall notify all signatories of the non-payment document. Although neither the UIF nor the SAT have commented on this issue, they have clarified their position of considering cash deposits as cash payments, although the Federal Administrative Court has already stated the opposite (case law in the category PREVENTION AND IDENTIFICATION OF TRANSACTIONS OF ILLEGAL ORIGIN). ARTICLE 32 OF THE RELEVANT FEDERAL LAW DOES NOT RESTRICT THE USE OF BANK DEPOSITS THROUGH A CREDIT INSTITUTION, which can be seen in TFJA Magazine, Code VIII-J-SS-53). In this context, it is therefore felt that the authority could consider cash cheques as cash payments; However, the final decision would be made by the courts when it is time to address this issue.
