Why don t you mess around with blank checks?

The law provides for administrative penalties for bad check violations.

The Circular of the People's Bank of China on Issues Concerning the Implementation of Administrative Penalties for the Issuance of Dishonored Cheques clearly states that the entities imposing administrative penalties for dishonored cheques are the People's Bank of China and its branches; The basis and standard of punishment is Article 31 of the "Implementation Measures for the Administration of Bills": If a bad check is issued or a check that does not match the signature and seal reserved by the bank, 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 value but not less than 1,000 yuan, and a blacklist system for violations of bad checks has been established.

Legal basis: Article 31 of the Implementation Measures for the Administration of Bills: The People's Bank of China shall impose a fine of 5% of the face value but not less than 1,000 yuan on the issuance of a blank check or a check inconsistent with the signature and seal reserved by the person who issues a blank check and does not have the purpose of fraudulently obtaining property.

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.

Consequences of writing a blank check.

If, after the drawer has issued a cheque, the balance in his account at the time of payment is insufficient to cover the amount of the cheque issued, then the cheque is a "blank cheque". Issuing a "bad check" can cause you a lot of trouble. Experts from the Hangzhou Central Branch of the People's Bank of China said that for the issuance of blank cheques or cheques that do not match the signature and seal reserved by them, and the purpose is not to defraud property, 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 will also be investigated for criminal responsibility.

Article 31 of the Measures for the Implementation of the Administration of Bills stipulates that "if a bad cheque is issued or a cheque inconsistent with the signature and seal reserved by the bank, 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 value but not less than 1,000 yuan"; The Circular clarifies that the drawer shall pay the penalty for dishonored cheques on his or her own initiative within the prescribed time limit at the designated penalty collection agency, and if the penalty is not paid within the time limit, the People's Bank of China and its branches may impose an additional fine of 3% of the amount of the fine per day, require the bank to stop issuing the cheque, and apply to the people's court for compulsory enforcement.

The consequence of issuing a bad check is a fine, which is also illegal.

Article 31 of the Measures for the Implementation of the Administration of Negotiable Instruments stipulates that if a bad check is issued or a check that does not match the signature and seal reserved by it, 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 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.

Therefore, when issuing a check, it is necessary to confirm whether the funds in the account are sufficient to pay, and if it is not enough to pay, it is necessary to bear legal responsibility for deliberately issuing it.

Article 31 of the Measures for the Implementation of the Administration of Bills stipulates that "if a bad cheque is issued or a cheque inconsistent with the signature and seal reserved by the bank, 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 value but not less than 1,000 yuan"; The Circular clarifies that the drawer shall pay the penalty for dishonored cheques on his or her own initiative within the prescribed time limit at the designated penalty collection agency, and if the penalty is not paid within the time limit, the People's Bank of China and its branches may impose an additional fine of 3% of the amount of the fine per day, require the bank to stop issuing the cheque, and apply to the people's court for compulsory enforcement.

If a bad cheque is issued, the bearer has the right to demand compensation of 2% of the cheque amount from the drawer.

Legal analysisThe issuance of a dishonoured cheque infringes on the interests of the bearer and is prohibited by law. A blank cheque refers to a cheque in which the drawer's actual legally available deposit with the payer is insufficient to pay the amount of the instrument when the cheque holder requests payment. The Negotiable Instruments Act stipulates that 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, that is, no dishonoured cheque shall be issued, which requires the drawer to ensure that it has sufficient funds in the deposit account with the payer to pay the amount of the cheque from the date of issuance to the completion of payment.

Those who issue dishonored checks to obtain property by fraud should be investigated for criminal responsibility in accordance with the law. If the act of issuing a bad check to obtain property by fraud is minor and does not constitute a crime, the Negotiable Instruments Law stipulates that administrative punishment shall be imposed in accordance with the relevant provisions of the state. For the act of issuing dishonoured cheques, there is a special penalty system for the issuance of dishonoured cheques.

Legal basis"Law of the People's Republic of China on Negotiable Instruments" Article 102 Any person who commits any of the following acts of negotiable instrument fraud shall be investigated for criminal liability in accordance with law: (1) forgery or alteration of negotiable instruments; (2) Intentionally using forged or altered bills; (3) Issuing dishonoured checks or intentionally issuing checks that are inconsistent with the signature or seal of the original name that they have reserved, thereby fraudulently obtaining property; (D) the issuance of unreliable funds, promissory notes, fraudulent funds; (E) the drawer of a bill of exchange or promissory note makes a false record when issuing the bill and obtains property by fraud; (6) Fraudulently using other people's bills, or intentionally using expired or invalid bills to obtain property by fraud; (7) The payer maliciously colludes with the drawer or bearer to carry out one of the acts listed in the preceding six items.

According to Article 31 of the Measures for the Implementation of 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 property, 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 of 2% of the amount of the cheque from the person who issued the cheque. ”

The result of issuing a bad check to Zhaoshan Bank requires a fine, which is also illegal. Article 31 of the "Measures for the Implementation of the Administration of Bills" The issuance of dishonoured cheques or the issuance of cheques inconsistent with their scheduled signatures is not for the purpose of defrauding property, and the People's Bank of China specifies that the "Circular" with a fine of 5 but not less than 1,000 yuan on face value is clearly fined, and the issuer voluntarily pays the fine to the designated fine ** institution within the specified time limit, and if the payment is not made within the time limit, the People's Bank of China and its empty reputation branch shall be fined 3 per day of the amount of the fine.

Article 31 of the Measures for the Implementation of the Administration of Bills.