A cheque in Cameroon is a negotiable instrument that directs a financial institution to pay a specified sum of money to the bearer or named payee. Its essential components comprise a written statement of the amount payable, the date of issue, and the signature of the person or entity issuing the cheque referred to as the payor or drawer. The person in whose favour the cheque is drawn is the payee, whilst the financial institution upon which the cheque is drawn is the drawee. Cheques in Cameroon serve as a recognized substitute for physical currency and are regarded as a secure means of transferring funds between parties, notwithstanding the increasing prevalence and use of electronic payment methods.
A check must contain:
- The word "check," inserted in the text of the instrument itself and expressed in the language used to draft the instrument;
- An unconditional order to pay a specified sum;
- The name of the person who must pay, referred to as the drawee;
- The place where payment is to be made;
- The date and place of issue of the check;
- The signature of the person issuing the check, referred to as the drawer.
An instrument lacking any of the information listed above is not valid as a check, except in the cases specified in the following paragraphs:
In the absence of a specific indication, the place designated next to the name of the drawee is deemed to be the place of payment. If several places are indicated next to the name of the drawee, the check is payable at the first place indicated.
In the absence of these or any other indications, the check is payable at the place where the drawee has their principal place of business.
A check without an indication of the place of issue is considered to have been drawn at the place designated next to the drawer's name.
A check may only be drawn on a registered establishment or any other entity authorized to draw checks and which, at the time the check is drawn, has sufficient funds available to the drawer and in accordance with an express or implied agreement under which the drawer has the right to dispose of these funds by check.
The funds must be provided by the drawer or by the person on whose behalf the check is to be drawn, without the drawer on behalf of another ceasing to be personally liable only to the endorsers and the payee.
The drawer alone is responsible for proving, in case of denial, that those on whom the check was drawn had sufficient funds at the time the instrument was created; otherwise, the drawer is obligated to guarantee it, even if the protest was made after the prescribed deadlines.
Instruments drawn and payable in Cameroon and CEMAC member countries in the form of checks on any person other than those mentioned in the first paragraph of this article are not valid as checks.
A check cannot be accepted. Any acceptance endorsement on the check is deemed null and void.
However, the drawee has the right to endorse the check, the endorsement having the effect of confirming the existence of sufficient funds on the date it is issued.
A check may be stipulated as payable: to a named person, with or without an express "to order" clause; to a named person, with the "not to order" clause or an equivalent clause; or to the bearer.
A check made payable to a named person, with the words "to bearer" or an equivalent term, is valid as a bearer check.
A check without an indication of the payee is valid as a bearer check.
The check can be made payable to the drawer himself.
The check can be drawn on behalf of a third party.
The check cannot be drawn on the drawer himself except in the case of a check drawn between different establishments of the same drawer and provided that this check is not a bearer check.
Any interest stipulation included in the check is deemed null and void.
A check may be payable at the address of a third party, either in the municipality where the drawee resides or in another municipality, provided that the third party is an establishment authorized to accept checks.
This payment cannot be made against the will of the payee.
A check whose amount is written both in words and figures is valid, in case of discrepancy, for the amount written in words.
A check whose amount is written several times, either in words or figures, is valid, in case of discrepancy, only for the smaller amount.
If the check bears the signatures of persons incapable of binding themselves by check, forged signatures, signatures of fictitious persons, or signatures that, for any other reason, cannot bind the persons who signed the check, or in whose name it was signed, the obligations of the other signatories remain valid.
Anyone who signs a check as a representative of someone for whom they lack the authority to act is personally liable under the check and, if they pay, has the same rights as the purported representative would have had. The same applies to a representative who has exceeded their authority.
The drawer guarantees payment. Any clause by which the drawer waives this guarantee is deemed null and void.
Any check for which sufficient funds are available to the drawer must be certified by the drawee if the drawer or the holder so requests, unless the drawee chooses to replace it with a check issued under the conditions stipulated in Article 18, paragraph 3 of the law.
The funds for the certified check remain, under the drawee's responsibility, held for the benefit of the holder until the presentation period stipulated in Article 43 of the law.
Certification results from the drawee affixing to the check a form containing, in addition to their signature, the information relating to the certification and its date, the amount for which the check was issued, and the name of the drawee bank. This information must be affixed using a marking or printing process that offers a full guarantee of security.
Any person presenting a check for payment must provide proof of identity by means of a valid official document bearing their photograph.