The drawer, an endorser, or a guarantor may designate a person to accept or pay as needed.
The bill of exchange may, under the conditions set forth below, be accepted or paid by a person acting on behalf of any debtor liable for recourse.
The intervenor may be a third party, even the drawee, or a person already obligated under the bill of exchange, except for the acceptor.
The intervenor is required to give notice of their intervention to the party on whose behalf they have acted within two business days.
If they fail to comply with this deadline, they are liable, where applicable, for any damage caused by their negligence, but the damages may not exceed the amount of the bill of exchange.
Acceptance by intervention
Acceptance by intervention may occur in all cases where recourse is available to the holder of an acceptable bill of exchange before its maturity.
When a person has been designated on the bill of exchange to accept it or to pay it, if necessary, instead of payment, the holder may not exercise their rights of recourse against the person who made the designation and against subsequent signatories before the maturity date, unless they have presented the bill to the designated person and, that person having refused acceptance, this refusal has been recorded by a protest.
In other cases of intervention, the holder may refuse acceptance by intervention.
However, if they accept it, they forfeit their recourse available before the maturity date against the person for whom the acceptance was given and against subsequent signatories.
Acceptance by intervention is noted on the bill of exchange and is signed by the intervening party. It specifies on whose behalf it is made; failing this indication, acceptance is deemed to have been given on behalf of the drawer.
The acceptor by intervention is obligated to the holder and to any endorsers subsequent to the one on whose behalf they intervened, in the same manner as the latter.
Notwithstanding acceptance by intervention, the one on whose behalf it was made and their guarantors may demand from the holder, against reimbursement of the sum indicated in Article 123 of the regulation, the surrender of the bill of exchange, the protest, and a settled invoice, if applicable.
Payment by Intervention
Payment by intervention may occur in all cases where, either at or before maturity, recourse is available to the holder.
The payment must include the entire sum owed by the person for whom it is made.
It must be made no later than the day after the last day permitted for the preparation of a protest for non-payment.
If the bill of exchange has been accepted by intervenors domiciled at the place of payment, or if persons domiciled at the same place have been designated to pay if necessary, the holder must present the bill to all these persons and, if necessary, have a protest for non-payment drawn up no later than the day after the last day permitted for the preparation of the protest.
If no protest is drawn up within this period, the person who indicated the need for payment or on whose behalf the bill was accepted, and any subsequent endorsers, cease to be bound.
The holder who refuses payment by intervention loses their recourse against those who would have been released.
Payment by intervention must be evidenced by a receipt given on the bill of exchange, indicating the party for whom it is made. If this indication is missing, the payment is considered to have been made to the drawer.
The bill of exchange and the protest, if one has been drawn up, must be delivered to the payer by intervention.
The payer by intervention acquires the right arising from the bill of exchange against the party for whom they paid and against those who are liable to that party under the bill of exchange. However, they may not endorse the bill of exchange again.
Endorsers subsequent to the signatory for whom payment was made are released.
In the event of competing payments by intervention, the party who makes the most releases is given preference. The party who knowingly intervenes contrary to this rule loses their recourse against those who would have been released.