In short
If a cheque is not paid during a concordat, cheque enforcement and the concordat record are read from separate files. One is the enforcement file of the cheque. The other is whether the same claim was written on the concordat list. The two are not the same result. The steps of cheque enforcement are not built in this note. Whether the moratorium stopped that proceeding is not repeated here either. Which file is being asked about is understood from the papers in hand. If there are no papers, a file name is not invented.
The cheque file and the line on the list
On the cheque file the instrument, the bank annotation, and, if there is one, the request for enforcement are looked for. On the concordat side it is looked for whether this cheque has a line on the commissioner's list. A photocopy in one envelope does not itself open the number of the other file. The petition does not write the two numbers as a single judgment. The general frame of concordat is in a separate note. The frame does not join the cheque and the list. The name of the frame does not write that this cheque was collected either.
The line on the list does not show that the cheque was collected. The bank's record that it was not paid is not the acceptance of the line either. The writing of acceptance stands separately on the list file. If there is no writing, the annotation on the cheque file is not read in place of acceptance. If the amount stands on the cheque, it is read from there. An amount that is not written on the cheque is not added to the list. If the amount on the list line differs from the amount on the cheque, the difference is written. The difference is not rounded to a new price in this note.
If there is more than one cheque to the same debtor, each cheque stands with its own number. The numbers are not melted into a single claim. Writing one cheque on the list does not have the other cheque treated as written. The enforcement file of one cheque is not the request for enforcement of the other. If the chain of endorsement is broken on one cheque, the break is not carried to the sound cheque. The chain itself is not built on this page.
The bank annotation does not open a line
A dishonour transaction is the record the bank left on the cheque. The record does not open a line on the commissioner's list. Writing it on the list is a separate application. The place of the application is the recording of the claim. The sentence of the annotation is not turned into another claim in the concordat petition. While there is no annotation, it is not said that the bank made a transaction. If the annotation says "there are no funds", what says it is the bank's note on that cheque. The note is not the commissioner's writing of acceptance or of refusal.
The reading of presentment and of endorsement sits on the enforcement of a cheque debt page. Here it is only said that the annotation does not stand in for the concordat line. The annotation is kept together with the front of the cheque. If there is no front, the annotation does not, on its own, build the claim. If the endorsement on the back is mixed with the debtor on the front, the two faces are read apart. A mixed name is not completed as the concordat debtor. The debtor is looked for in the drawer box of the cheque or on the list line. If the box is blank, the box is not filled.
A bank slip does not stand in for the annotation. If the slip shows another payment, the payment that was shown is not taken for the cover of this cheque. Whichever cheque the description line points to, that cheque is read. If there is no description, the slip is not spread across all the cheques.
The moratorium question does not join the files
Whether the cheque proceeding stopped while the moratorium stood sits in the moratorium note. This note does not tell that stay again. Saying that it stopped does not mean the cheque was written on the list. Saying that it was written on the list does not mean the enforcement file closed. The three sentences stand side by side. One is not pasted in place of the other.
The request for enforcement may have been opened before or after the moratorium. If the record of the request and the record of the moratorium conflict, the conflict is read from the file. The conflict is not tied to a number in this note. If the number is not on the papers, it is not added. If the petition of the request is not on the file, the text is not completed as if there were a request. If the moratorium decision is not on the file, the decision is not produced from the back of the cheque.
The enforcement directorate's annotation of "stopped" or "continuing" is on its own file. If there is no annotation, the annotation is not written from the concordat announcement. If the announcement does not carry the cheque number, the announcement is not tied to this cheque. If the cheque number is in the announcement, the tie is limited to the announcement mentioning that number. The mention is not a judgment of collection or of refusal.
The complaint is a third envelope
A complaint about a dishonoured cheque is neither the enforcement file nor the commissioner's list. The elements of the offence are not built here. The complaint petition does not show that the cheque was recorded in the concordat. A payment on the enforcement file does not itself bring the complaint down either. If there are three records, the three numbers are written apart. If there is no number, that door is treated as not opened, and the door is not completed as if it existed.
The writing of the authority of the complaint is not the writing of acceptance of the commissioner's list. Prosecution or court papers are not tied to a result in this note. The existence of the papers does not mean the claim was accepted in the concordat. The absence of the papers does not mean the cheque was paid. If the three envelopes are mixed, the mixed number is sorted out. An envelope that cannot be sorted out is not added to the judgment of the other two.
The drawer, the endorser, and the holder are not the same person. The holder's complaint does not itself write the endorser onto the commissioner's list. If there is an amount the endorser paid, the amount is on their own slip. If there is no slip, the endorser is not assumed to have paid. An endorser who paid is not mixed with the concordat debtor. The debtor is read from the cheque and from the list line.
The amount does not exceed what is written on the cheque
The price written on the cheque is the ceiling of this note. If interest, a cost, or a commission is not on the cheque, it is not added to this page. If the list line shows an extra item, the extra is read from the writing on the list file. If there is no writing, the extra is not put on top of the price of the cheque. If a partial payment appears in the bank annotation, the part that appears is read. The part that does not appear is not treated as paid. If the annotation says the whole price is without funds, what says it is the sentence of the annotation. The sentence is not an acceptance that it passed onto the list.
If more than one holder carries the same cheque, the holder is sorted out from the endorsement and from the record of delivery. The sorting is not built as a step of this page. A holder who cannot be sorted out is not chosen as the creditor. A concordat line is not opened for the person who was not chosen. If the photocopy of the cheque and the original conflict, the original is read if the original stands. If the original does not stand, the photocopy is not completed in place of the original.
An instrument whose original does not stand
The enforcement door of an instrument whose original does not stand sits separately on the enforcement of a cheque debt page. This note does not build the steps of that door a second time. The concordat record does not stand in for the original of the cheque. If the original is missing, it is written that it is missing. The list line does not produce the front of the cheque as if the original existed. If the photocopy of the bank annotation does not carry the drawer and the price on the front, the annotation is not enough on its own.
If an aval record stands on the cheque, the record is read from its own signature. If there is no signature, the aval is not completed from the concordat list. If the person who gave the aval is not the same person as the drawer, the two names are written apart. If the list carries only the drawer, the person who gave the aval is not itself added to the list. If the addition stands on a separate line, it is read from that line. If there is no line, the aval is not treated as stuck to the drawer's debt.
One of the cheques in the same clipping may have been paid, and the other not. The slip of the cheque that was paid does not erase the annotation of the cheque that was not paid. If the clipping stands separately on the bank's page, it is read apart. If there is no page, the clipping is not multiplied from a single cheque. A multiplied number does not have a cheque that is not on the file treated as existing. The holder's endorsement does not change the concordat debtor. The debtor is read from the drawer box and from the list line. The holder line can show who the creditor is. If it does not show it, the creditor is not chosen from the name on the envelope. If the place of drawing and the place of payment of the cheque stand in separate boxes, the two boxes are not mixed. If a box is blank, the blank is not filled from the address of the concordat debtor. The name of the bank branch is not the name of the commissioner. The branch is not written into the creditor box on the list line. If it was written, the writing does not make the branch the creditor. If there is more than one bank transaction in the annotation, each transaction is read from its own line. The last transaction is not treated as having erased the earlier one. Erasure is read if it is written separately in the annotation. Even if the photocopy of the cheque is in colour, it is not counted as the original if the original does not stand. The colour does not complete the missing face.
If the original of the cheque, the bank annotation, and the list writing are to be asked about together, the channel is on the contact page. The channel does not complete the amount on the missing papers. A missing face is not copied from the other face.
Conclusion
The file read on an unpaid cheque is, according to the work that is asked about, cheque enforcement or the concordat record. The two are not the same result. The complaint is a third record. The bank annotation does not open a line on the list. The frame sits on the enforcement and bankruptcy law page. The basis is the provisions of the Enforcement and Bankruptcy Code No. 2004. The step of presentment of the cheque is not added to this result.