POST-DATED CHEQUES ARE IN PRACTICE UNTIL DECEMBER 31, 2020 (APRIL 2018)

The main principle under Turkish Law is payment of a cheque up on submission. In the light of the main principle, the cheque amount must be paid to the bearer upon submission to the drawee bank within the legal period.

However, the Cheque Law numbered 5941 allows issuance of post-dated cheque contrary to the mentioned principle. Submission of a cheque to the drawee bank prior to its issuance date shall be deemed invalid until December 31, 2020 pursuant to provisional Article 3/5 of the Cheque Law.

In case a post-dated cheque is submitted to the bank before the date stated on the cheque, the drawee bank shall not make any transaction until December 31, 2020 and the cheque shall be returned to the bearer pursuant to the provisional Article 3/5 of Cheque Law. In such a case, even there is enough credit for cheque amount at the bank account, the drawee bank is prohibited to make payment to the bearer. Additionally, the drawee bank is not allowed to annotate the cheque as dishonored even the balance of the account does not cover the cheque amount totally or partially. The bearer should wait until the date written on the cheque to exercise his legal right for collection and to initiate legal proceedings due to dishonored cheque such as applications for restriction of cheque drafting and opening cheque accounts against the drawer.

Consequently, a provisional article of a special Law (Cheque Law), contrarily to the main principle under Turkish Law regarding payment of cheques up on submission, allows issuance of post-dated cheques without risk of being dishonored by drawee bank until the date stated on cheque and provides a postponement in payment date in favor of the drawer. It must be reminded that the mentioned provisional article of Cheque Law shall be in force until December 31, 2020.