The Severity of Dishonored Cheques
When operating on a Cheque Basis structure within Private Funding, the post-dated cheque (PDC) or Electronic Clearing Service (ECS) mandate acts as the primary security instrument for the capital deployed. If a scheduled repayment instrument bounces or is dishonored by your bank due to insufficient funds, serious cheque bounce penalties are applied.
These cheque bounce penalties typically range between 2% to 5% of the bounced cheque amount or a fixed penal sum, whichever is higher. This 2% to 5% charge is immediately levied on your private funding account upon notification of the dishonor.
Legal Implications of a 2% to 5% Penalty
Beyond the immediate 2% to 5% financial penalty, a bounced cheque is a serious breach of the private funding agreement. Under Section 138 of the Negotiable Instruments Act, a dishonored cheque on a cheque basis funding structure can result in legal proceedings. The 2% to 5% penalty serves to cover the immediate administrative, banking, and preliminary legal fees incurred by our recovery division.
Avoiding the 2% to 5% Penalty
We mandate that clients maintain sufficient balances in their designated repayment accounts at least 48 hours prior to the presentation date of the cheque basis instrument. The 2% to 5% cheque bounce penalty is strictly non-negotiable once a bank return memo is generated.
If you foresee a liquidity issue, it is imperative to notify our accounts team immediately. While a 2% to 5% penalty is standard for a bounce, proactive communication may prevent the immediate escalation of legal notices associated with private funding default.