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12 July 2011

Regarding your question the Ombudsman is sending to you part of the Law on cheque (“Official Gazette of RM” No. 3/02) - rules which refers to the question about lapse of the cheque.

Respectable Ombudsman,

I’m interested in which term lapse demand on personal cheque? I’ll be grateful if you answer this question.

Sincerely
Marjan Vitanov

Regarding your question the Ombudsman is sending to you part of the Law on cheque (“Official Gazette of RM” No. 3/02) - rules which refers to the question about lapse of the cheque.  

12. Lapse of the cheque

Article 60

Regress demands of the person to whom cheque belongs from indorses and drawer lapse six months after the end of term for payment.

Regress demands of indorses one from another and from the drawer lapse six months after the day when indosant bought the cheque or from the day on which court proceeding started against him.

Article 61

Lapse of cheque can be stopped with submission of charge to the competent court.
With charge of point 1 of this article very same legal action has: report for demand on cheque in bankruptcy; realization of legal demand of cheque during proceeding; calling on protection and information whit which defendant informs his predecessor that there is a regress charge submitted against him.
Information of the point 2 of this Article will be announced directly by the court or by registered letter. Submission of information (registered letter) to the court accounts as a day of getting information.

Article 62

Stopped lapse start again:

  • after submission of charge and after realization of demand during the court proceeding from the day of last trial if the proceeding doesn’t continue in both cases;
  • in case of submitted report on bankruptcy or liquidation from the day of the end of bankruptcy proceeding and in case of bankruptcy or liquidation when reported demand is denied from the day of deny;
  • In case of calling on protection and reporting on submitted charge from the day of going into effect of completed proceeding.

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