The holder may exercise recourse against the endorsers, the drawer, and other obligors if the check, presented on time, is not paid and if the refusal of payment is evidenced by an authentic instrument called a protest.
The protest must be made before the expiration of the presentation period, otherwise recourse against endorsers other than the drawer who failed to provide funds will be forfeited.
If the presentation takes place on the last day of the period, the protest may be made on the next business day.
The holder must notify their endorser and the drawer of the non-payment within four business days following the date of the protest and, if there is a clause allowing for return without charge, on the date of presentation.
Notaries and bailiffs are required, under penalty of damages and interest, when the check indicates the drawer's name and address, to notify the drawer, by registered letter, within forty-eight hours of registration, of the reasons for refusing payment. This letter entitles the notary, as seen by the bailiff, to a correspondence fee in accordance with the applicable rates.
Each endorser must, within two business days following the day on which they received the notice, inform their endorser of the notice they received, indicating the names and addresses of those who gave the previous notices, and so on, working back up to the drawer. The aforementioned time limits begin from the receipt of the previous notice.
When, in accordance with the preceding paragraph, a notice is given to a signatory of the check, the same notice must be given within the same time limit to their guarantor.
If an endorser has not provided their address or has provided it illegibly, it is sufficient to give notice to the next endorser.
Anyone who needs to give notice may do so in any form, even by simply returning the check.
He must prove that he gave notice within the prescribed time. This time will be considered observed if a letter giving notice was mailed within said time.
Anyone who fails to give notice within the aforementioned time does not forfeit their right; they are liable, if there is law, for the damage caused by their negligence, without the damages exceeding the amount of the check.
The drawer, an endorser, or a guarantor may, by the clause "return without charge," "without protest," or any other equivalent clause, written on the instrument and signed, exempt the holder, in order to exercise their rights, from having to draw up a protest.
If the clause is written by the drawer, it is effective with respect to all signatories; if it is inserted by an endorser or a guarantor,
it is effective only with respect to that endorser or guarantor. If, despite the clause written by the drawer, the holder has a protest drawn up, the costs remain his responsibility. When the clause originates from an endorser or guarantor, the costs of the protest, if one is drawn up, may be recovered from all signatories.
All persons obligated by virtue of a check are jointly and severally liable to the holder.
The holder has the right to take action against all these persons individually or collectively, without being bound to observe the order in which they became obligated.
The same right belongs to any signatory of a check who has redeemed it.
Action brought against one of the obligated parties does not preclude action against the others, even those brought after the first party sued.
The holder may claim from the party against whom he exercises his right of recourse:
- The principal of the unpaid check;
- Interest from the date of presentation, calculated at the BEAC's positive tender rate for checks issued and payable in a CEMAC country, and at the previous rate plus two (2) points for other checks;
- Protest fees, fees for notices given, and other expenses.
The party who has redeemed the check may claim from their guarantors:
- The full amount paid;
- Interest on said amount, from the date of disbursement, calculated at the BEAC's positive tender rate for checks issued and payable in a CEMAC country, and at the previous rate plus ten (2) points for other checks;
- Expenses incurred.
Any party liable against whom a claim is brought or who is subject to a claim may demand, upon reimbursement, the return of the check with the protest and a discharged invoice.
Any endorser who has reimbursed the check may cross out their endorsement and those of subsequent endorsers.
When the presentation of the check or the preparation of the protest within the prescribed time limits is prevented by an insurmountable obstacle, in particular the occurrence of a statute of limitations or a case of force majeure, these time limits are extended accordingly.
The holder is required to give notice of the force majeure event to their endorser without delay and to note this notice, dated and signed by them, on the check or on an accompanying document. For all other matters, the provisions of Article 57 of the regulations apply.
After the cessation of the force majeure event, the holder must, without delay, present the check for payment and, if necessary, have the protest drawn up.
If the force majeure event persists for more than 15 days from the date on which the holder, even before the presentation period expired, notified their endorser of the force majeure, legal recourse may be exercised without the need for presentation or protest.
Events purely personal to the holder or to the person they have authorized to present the check or to draw up the protest are not considered to constitute force majeure.