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Cheques

Cheques

(a) How do you obtain a cheque book?

You may request and the Bank may issue a cheque book to you at its sole and absolute discretion. The Bank may issue a cheque book in respect of a Current Account. If issued, a cheque book will be sent by mail or courier to the address you have provided to us, at your absolute responsibility and risk and without liability to the Bank. Upon your request, the Bank may make the cheque book available for physical collection by you at a specified branch of the Bank.

(b) What are your obligations in relation to a cheque book?

You must keep the cheque book in a safe place to ensure there is no misuse or fraudulent use. If the cheque book or any cheque(s) are lost or stolen, you must promptly notify the competent authorities and give immediate notice in writing to the Bank in accordance with Section [A Clause 6] followed by a police report to stop the payment of the lost or stolen cheque(s). Until the Bank has received such notification, you will be responsible for any cheque drawn on your Current Account.

(c) What happens if your cheques are returned unpaid?

The Bank will be entitled to impose charges on cheques which are returned unpaid. If cheques are returned due to insufficient funds in your Current Account, or where we have paid only part of the value of the cheque due to insufficient funds in your Current Account, the Bank may collect from you any unused cheques and report your name and cheque details to the Central Bank, the Etihad Credit Bureau or any other competent authority without any notice to you or any liability on the Bank. If any cheques issued by you are returned, this may result in a negative credit rating which could affect your ability to obtain financing in the future.

(d) Can you stop payment on a cheque you have issued?

You agree that any instructions to stop payment of any cheque will only be accepted in accordance with Applicable Law and the Bank’s policy. In accordance with Applicable Law, the Bank will not accept a stop payment of any cheque other than where such cheque has been lost, stolen or upon the bankruptcy of the bearer provided a police report is provided You accept that the Bank has no liability if it fails to comply with your instructions or for any consequences and cost, including, without limitation, legal fees and penalties, which may arise out of the Bank’s compliance with such instructions.

(e) Can your cheque be rejected?

The Bank reserves the right to refuse to honour any cheque which does not meet the requirements of the Bank, the Central Bank or any Applicable Laws.

The Bank reserves the right not to honour any cheque which is more than six (6) months old.

(f) What else should you know about issuing cheques?

The Bank is entitled to debit your Current Account with the amount of any cheques written by you. Digital images or electronic representations of cheques may be made or captured and used by financial institutions, including the Bank, involved in the exchange and clearance of cheques in the UAE. As such, original cheques may be destroyed and will not be returned to you. The Bank is entitled to act on any such image or representation for all purposes as if it were an original cheque.

You are obliged to ensure that the total amount of cheques that you have written on your Current Account do not, at any time, exceed the credit balance available in such Current Account. We may make partial payments up to the value of the credit balance in your Current Account if this is acceptable to the bearer of the cheque.

In relation to any facilities you avail from the Bank and cheques issued for such facilities in favour of the Bank, where any post-dated cheques have been provided to but not presented by the Bank, upon clearance of any of your related liabilities in full, the Bank will provide a clearance letter within seven (7) days of request confirming the release and will destroy the cheques in accordance with the Bank’s policy and Applicable Law.

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