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Cheque Presentation Period and Dishonoured-Cheque Notation: Which Dates Matter?

Short answer: Whether a cheque is presented to the bank on time is calculated according to the place of issue and place of payment. As a rule, for a cheque payable in the same place in Türkiye the period is 10 days, and for a cheque payable in another place it is one month (Turkish Commercial Code Art. 796). The period begins on the day following the date of issue stated on the cheque. These periods are not the same as the period for objecting to a payment order before the enforcement court.

Information determining the presentation period

First, the date of issue, place of issue and place of payment stated on the cheque are read together. Since Article 796/2 of the Turkish Commercial Code provides different periods for cheques issued abroad, the generalisation that “every cheque must be presented within 10 days” is incorrect. Dates and place names should be verified from the original cheque.

What should be documented if the bank does not pay?

If a cheque is presented within the prescribed period but is not paid, the bank statement showing the date of presentation and non-payment, or the other methods of determination listed in Article 808 of the Turkish Commercial Code, are important when examining rights of recourse. Any partial funds in the account, the bank’s statutory payment obligation and the person to whom the cheque is returned should be recorded separately. The dishonoured-cheque notation and enforcement for collection of the receivable arising from the cheque are separate processes.

What else should be examined for a post-dated cheque?

For a cheque bearing a future issue date, the enforcement route should not be determined solely by the day on which it was physically presented to the bank. Article 3 of the Cheque Law and the temporary provisions in force may affect the consequences of presentation before the issue date stated on the cheque and any subsequent legal enforcement. Before presentation and enforcement, the effective date of the relevant provisions and the date stated on the cheque should be checked together.

Holder’s document checklist

Related reading: Objection periods in negotiable-instrument enforcement based on cheques and promissory notes.

Official sources: Turkish Commercial Code Arts. 796 and 808 (Ministry of Justice UYAP Legislation); Cheque Law Art. 3 (Ministry of Justice UYAP Legislation).

This article provides general information; the specific rights and time limits are determined from the original cheque and the bank records.