1. A Cheque may not be issued unless the Drawer has money with the Drawee at the time of issuance of the Cheque that they can dispose of by virtue of a Cheque in accordance with an express or implied agreement. 2. The person who draws the Cheque or orders someone else to draw it for their account must pay funds for payment. However, the Drawer for the account of others shall be personally responsible only before the Endorsers and the Bearer for securing funds for payment. 3. The Drawer alone must prove upon denial that the person on whom the Cheque was drawn had the funds for payment at the time of its issuance. If this is not proven, the Drawer shall be a guarantor of the payment of the Cheque, even if the protest against non-payment was made after the legally prescribed deadlines.
Interpretation and application must be checked against the official text and current version.