What are the penalties for issuing a bad check

Anyone who issues a bad cheque or a cheque that does not match the signature and seal reserved by the cheque is not for the purpose of fraudulently obtaining property shall be fined by the People's Bank of China 5% of the face value but not less than 1,000 yuan; The bearer has the right to claim compensation from the drawer for 2% of the amount of the cheque.

According to the Negotiable Instruments Law of the People's Republic of China:

Article 87 The amount of the cheque issued by the drawer of the cheque shall not exceed the amount of the cheque actually deposited with the payer at the time of payment.

If the amount of the cheque issued by the drawer exceeds the amount actually deposited with the payer at the time of payment, it is a blank cheque. Dishonored checks are prohibited.

Article 88 The drawer of a cheque shall not issue a cheque that is inconsistent with the signature or seal reserved for his or her own name.

The law provides for administrative penalties for bad check violations. Anyone who issues a bad cheque or a cheque that does not conform to the signature and seal reserved by the cheque shall be fined 5% of the face value but not less than 1,000 yuan by the People's Bank of China of the face value", and a "blacklist" system has been established for violating the rules of dishonoured cheques.

Legal analysis: The penalty for issuing a bad check is that if it is not for the purpose of obtaining property by fraud, the drawer will be fined 5% of the face value of the check but not less than 1,000 yuan;

The bearer also has the right to claim compensation from the drawer for 2% of the face value of the cheque; For the purpose of fraudulently obtaining property, the drawer will also be investigated for criminal responsibility.

Legal basis: Law on the Implementation of Bills Management and Handling Notices Article 31 Where a bad check or a check inconsistent with the signature and seal reserved by the bill is issued, not for the purpose of obtaining property by fraud, the People's Bank of China shall impose a fine of 5% of the face value of Danhui but not less than 1,000 yuan.

Legal analysis: issuing dishonoured cheques or cheques that do not conform to the signature and seal reserved by them, not for the purpose of obtaining property by fraud; The drawer will be fined 5% of the face value of the check but not less than 1,000 yuan, and the bearer also has the right to require the drawer to compensate 2% of the face value of the check; For the purpose of fraudulently obtaining property, the drawer Dan Jisen will also be investigated for criminal responsibility.

Legal basis: "Measures for the Implementation of the Administration of Bills" Article 31 Where a bad check or a check inconsistent with the signature and seal reserved by the person is issued, and the purpose is not to obtain property by fraud, the People's Bank of China shall impose a fine of 5% of the face amount but not less than 1,000 yuan; The bearer has the right to claim compensation from the drawer for 2% of the amount of the cheque.

According to the regulations of the central bank, the cheque voucher issued by the drawer remains unchanged after the cheque is used nationwide, and the prompt payment period of the cheque is still 10 days; The payment can be received within 2 to 3 hours at the earliest, and generally within 3 working days from the date of acceptance of the check by the bank. In order to prevent payment risks, the maximum amount of a single cheque used in other places is 500,000 yuan. The cheque business is handled in a pretend, and the bank's charges to customers remain unchanged at the current standard for the time being.

According to the regulations, the issuance of dishonored checks is prohibited. The drawer issues a cheque that is a blank check if the account balance is insufficient to cover the amount of the cheque issued. In addition, cheques that do not match the signature of the reserved bank are also considered dishonoured cheques.

At the same time, the issuance of dishonored checks will be punished by law. For the issuance of blank cheques or cheques that do not conform to the signature and seal reserved by them, and the drawer will be fined 5% of the face value of the cheque but not less than 1,000 yuan, and the bearer also has the right to require the drawer to compensate 2% of the face value of the cheque; For the purpose of fraudulently obtaining property, the person who issued the ticket and destroyed the stove will also be investigated for criminal responsibility.

Legal basis: Article 107 of the Negotiable Instruments Law of the People's Republic of China stipulates that anyone who violates the provisions of this Law by any act other than the liability for compensation in accordance with the provisions of this Law and causes losses to others shall bear civil liability in accordance with the law.

Legal analysis: 1. If the purpose is not to obtain property by fraud, the People's Bank of China shall impose a fine of 5% of the face amount but not less than 1,000 yuan.

2. For enterprises that have issued dishonoured cheques for many times, the bank can also cancel their qualifications to issue cheques.

Legal basis: According to Article 31 of the Implementation Measures for the Administration of Bills, if a bad check is issued or a check inconsistent with the signature and seal reserved by the bank, not for the purpose of fraudulently obtaining money, the People's Bank of China shall impose a fine of 5% of the face value but not less than 1,000 yuan, and the bearer has the right to demand that the drawer compensate 2% of the amount of the check.

Legal analysis: The penalty for dishonored cheques is that the People's Bank of China imposes a fine of 5% of the face value but not less than 1,000 yuan on the drawer. The person who receives the dishonoured cheque can ask the drawer to pay 2% of the cheque amount.

If the drawer has the purpose of fraudulently obtaining property, he may also bear criminal penalties.

Legal basis: "Measures for the Implementation of Bills Management".

Article 4 The parties to the negotiable instrument shall engage in negotiable instrument activities in accordance with the law, exercise the rights of negotiable instrument and perform negotiable instrument obligations.

Article 5 The parties to the bills shall use the bills in a uniform format prescribed by the People's Bank of China.

Article 31 Where a bad cheque or a cheque inconsistent with the signature and seal reserved by the cheque is issued, not for the purpose of obtaining property by fraud, the People's Bank of China shall impose a fine of 5% of the face value but not less than 1,000 yuan; The bearer has the right to claim compensation from the drawer for 2% of the amount of the cheque.

The punishment for issuing a bad check needs to be analyzed according to the specific situation: 1. If it is not for the purpose of fraudulently obtaining money, the People's Bank of China shall impose a fine on the drawer, and the drawer shall pay compensation to the bearer; 2. If the crime of bill fraud is constituted for the purpose of defrauding money, criminal punishment shall be borne in accordance with the relevant laws and regulations.

1. What are the penalties for issuing a bad check?

1. The punishment for issuing bad checks needs to be analyzed according to the specific situation

1) If it is not for the purpose of fraudulently obtaining money, the People's Bank of China shall impose a fine on the drawer, and the drawer shall pay compensation to the bearer;

2) If the person is cautious for the purpose of defrauding money, it constitutes the crime of bill fraud, and shall bear criminal punishment in accordance with the relevant laws and regulations.

2. Legal basis: Article 31 of the Measures for the Implementation of the Administration of Bills.

Anyone who signs a bad check or issues a check that does not match the signature and seal reserved by the potato, and does not aim to obtain property by fraud, shall be fined 5% of the face amount but not less than 1,000 yuan by the Chinese People's Bank; The bearer has the right to claim compensation from the drawer for 2% of the amount of the cheque.

2. Does the bank have the right to refuse payment in the event of a bad check?

In the event of a bad check, the bank has the right to refuse payment. In the process of using checks, there is the phenomenon of some units and individuals issuing blank checks, which not only damages the legitimate interests of the bearers, affects the use and circulation of checks, but also affects the smooth remittance of settlement funds and the economic and financial order. In order to protect the legitimate interests of note holders, maintain economic and financial order, and promote the healthy development of bill business, the People's Bank of China recently issued the "Circular of the People's Bank of China on Issues Concerning the Implementation of Administrative Penalties for the Issuance of Bad Checks," which stipulates that the People's Bank of China and its branches shall impose administrative penalties on violations of the issuance of bad checks.