a question
A question was received from a reader who said:
I always follow your legal advice on the website of the newspaper “Emirates Today”, and my question is that I received checks issued by a commercial company for one of the clients, and I found that some of the checks require two signatures, and some of them were issued from a closed account, which was closed a year and a half before the due date of the checks.
My question is what is the bank’s responsibility in such a case? And why does the customer keep the checkbook with him while closing the account? Please advise.
the answer :
Legal Advisor Dr. Youssef Al Sharif:
The bank is not responsible for bounced checks, regardless of the reason for the bounce, because the responsibility lies with the issuer of the check. He may have acted in bad faith when issuing the check from a closed account, or the account may have been closed after the check was delivered. If more than one signature is required on the check and it is issued with one signature, then in this case the crime of fraud is present. In all cases, the law authorizes the beneficiary to take legal action against the issuer of the check according to the reason for the bounce.
The same applies to the account holder keeping the checkbook after closing his account, because this is evidence of his bad faith, which is something that can lead to legal criminal action being taken against him. When the account is closed, the bank assures the customer not to use the account or issue checks on it, under penalty of liability for the account holder.
You can send your inquiries to the email:
[email protected]
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