NEWSLETTER-2020-metin
64 NEWSLETTER 2020 cheque bearers will not be able to present cheques to banks; even if they do present cheques, the banks shall not pay their money, nor shall the banks conduct necessary transactions if the cheque is dishonored, pursuant to Article 3/4 of the Cheque Law, and the shall not pay the dishonored cheque fee of 2.225.-TL, which is the minimum amount to be paid in accordance with Article 3/3 of the Cheque Law. Also, since cheques cannot be presented, the delay penalty of the bank due to non-payment of the cheque, despite being covered by the account pursuant to Article 3/7 of the Cheque Law, and the liability penalty of the bank official who does not pay the amount of the cheque pursuant to Article 7/5 of the Cheque Law, shall not arise. Again, in accordance with Article 793/1 of the TCC, the endorsement made after the end of the presentation period shall not give rise to the provisions with regard to the assignment of claim, the withdrawal of the cheque by the drawer pursuant to Article 799 of the TCC, and the right of application of the bearer pursuant to the provisions of Article 808 of the TCC, as well as the following provisions. If it is accepted that the presentation period of a cheque is sus- pended with the Provisional Article of the Law (unless a separate reso- lution regarding the extension is made by the President), the suspended presentation period will continue from the day following the day the dwelling time ended, the presentation period of the cheques that has fifteen or fewer days left as of 13.03.2020 shall end at the close of business on 15.06.2020. Accordingly, cheques that have 15.06.2020 or after as their written issuance date (unless a separate resolution re- garding the extension is made by the President) shall not be presented to the addressee bank in order to be paid prior to the issuance date pursuant to Provisional Article 3/5 of the Cheque Law. Cheques that bear the date of 13.03.2020, or the date of presentation was a previous date, but has not yet ended on 13.03.2020, are within the scope of Provisional Article 1 of the Law 3 . It is, hereby also necessary to make a distinction in accordance with Article 796 of the TCC. Cheques with ten days’ presentation period pursuant to Article 796/1 of TCC will be presentable until 30.06.2020 (including this date), extending 15 days from 15.06.2020. 3 Dural , ibid.
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