ARTICLE
15 April 2016

Five Points You Should Know About The Cheque

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Dr. Hassan Elhais

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Dr. Hassan Elhais, a long-standing member of the prestigious Amal Alrashedi Lawyers & Legal Consultants, is a renowned legal consultant in the UAE, specializing in family law, criminal law, civil law, company incorporation, construction law, banking law, inheritance law, and arbitration. Dr. Elhais has gained wide recognition in the country, winning numerous awards and accolades. He was declared the Legal Consultant of the Year in 2016 by Professional Sector Network. He was also elected as the co-chair of the ‘Relocation of Children Committee’ of the International Academy of Family Lawyers (IAFL), a worldwide association of practicing lawyers, widely regarded as the most experienced and skilled family law specialists in their respective countries. Dr. Hassan Elhais’s continued recognition in the 2024 Chambers and Partners rankings for Family/Matrimonial services to High-Net-Worth individuals in the UAE from 2022-2024.
If the drawer signed a cheque and left it blank, then he is legally authorizing the beneficiary to fill it.
United Arab Emirates Criminal Law
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1) If the drawer signed a cheque and left it blank, then he is legally authorizing the beneficiary to fill it. Whereby in such case the beneficiary can write any amount he desires on it in addition to its due date, without being challenged by the drawer.

2) Bounce cheque crime can take place in one of the following forms: There were not enough funds in the account, the drawer closed his bank account, the drawer issued an order to the bank to not pay the cheque's amount without a legal stands, and the drawer attempted any act that shall make the cheque invalid.

3) In case of companies cheuques the drawer of the cheque remains legally liable for the cheque's validity even after he leaves the company.

4) Lodging a bounce cheque complaint is not limited to 6 month period; such period can be up to 5 years counting from the date the drawer gives the cheque to the beneficiary.

5) In case there were not enough funds in the account to cover the cheque, the beneficiary has the right of submitting a request to the bank in order to pay him the reaming amount in the account as a partial payment.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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