Check presentation times

The bills regulated in the Turkish Commercial Code are considered as presentation bills. Therefore, the check must be presented in order for the check to be paid by the addressee.

Check submission deadlines are set out in Article 796/1 of the Turkish Commercial Code. It is regulated in the article. According to the article;

1-10 days if the check is to be paid at the place where it is issued,

2-One month if it is to be paid at a place other than where it is issued,

3-If the check will be paid on a different continent than where it was issued, it must be presented to the addressee within three months. Since countries bordering the Mediterranean and European countries are considered to be on the same continent, the submission period will still be three months.

Within the borders of Türkiye, submission deadlines are determined on a provincial basis. If the check is to be paid in the province where it is issued, the check must be presented within 10 days. If it will be paid in a different province, this period will be 30 days.

When calculating the submission period, the date of issuance written on the check is taken as basis and the submission period starts the day after the issuance day.

If the last day of the submission period falls on a holiday, the period ends the day after the end of the holiday.

FAILURE TO PRESENT THE CHECK ON TIME

The presentation periods specified in the law for cheques are restrictive. If the check will be the subject of a dispute after the presentation period has passed, the judge or the enforcement officer will automatically take into account that the presentation period has passed. Moreover, it is possible to list the legal consequences of exceeding the submission period as follows;

1-The foreign exchange status of a check that is not presented within due time expires. The holder who does not present the check to the bank on time loses the right to appeal against all responsible parties in accordance with Article 808 of the Turkish Commercial Code.

2-Administrative and penal sanctions are not applied for checks that are not presented within the prescribed period.

3-If the check is not presented on time, the issuer may withdraw from the check.

4-Endorsements made after the presentation period has passed are considered as assignment of the receivable.

If the holder does not present the check on time, he will not be able to pursue it through the lien specific to bills of exchange. However, since a check not presented on time is considered the beginning of evidence, it is possible to pursue it through a general lien against the issuer. In this case, the holder will have to prove that there is a legal relationship between the issuer and the issuer.

PLACE OF PRESENTATION ON CHECK

The addressee of the check is the bank. As a rule, the check must be presented at the point of payment. On the other hand, Check Law 3/1. According to the article, the holder can present the check to any branch of the drawee bank. "When the checked check is presented to any branch of the addressee bank where the account is located, it is paid after the tax identification number of the holder, if any, is determined. However, when the check is presented to a branch other than the branch where the account is located, it is paid by asking for the equivalent amount at that branch."

Therefore, the holder can present the check by applying to any branch of the drawee bank. And this submission is a valid submission.

In addition, as stated in Article 798 of the Turkish Commercial Code, "Presenting the check to a clearing house shall constitute presentation for payment." According to the provision, it is not necessary to present the check to the addressee. The holder may present the check to another bank instead of the addressee bank. In this case, the bank where the check is presented will present the check to the clearing house. Making the submission to the clearinghouse is considered a valid submission and has all the consequences of a valid submission.