Syed Hussein Al -Qassab
The Chairman of the Shura Council, Ali Al -Saleh, stressed, during the discussion of a draft law to amend some provisions of the Trade Law, that the check is no longer treated as a fulfillment tool as it should, but rather transform into a bill, indicating that the banks in Bahrain refuse to disburse the postponed checks, despite the fact that the law is required to pay the check as soon as it is submitted.
He said: “The check even if there is a date that should not be delayed and dismissed immediately,” pointing out that the bill is present in the law, but it is not applied, which lost the check as its position as a means of fulfillment.
Al -Saleh pointed out that the checks are no longer acceptable in the Bahraini market to pay the debt, adding: “When I was Minister of Trade, we discussed this problem deeply, and we found that the owner of the check in the event of non -payment was criminally held accountable, and now the checks accumulated.” He considered that the draft law is a first step, but he called for broader solutions that exceed the proposed text, noting that the current court procedures sometimes lead to the creditor’s loss of his rights, as he is forced to accept less amounts through negotiation instead of resorting to the judiciary.
He also suggested that the “insolvent fund” of the Ministry of Interior include cases of disability for payment, to facilitate the settlement between the debtor and the creditor.
Al -Saleh asked: “If the check is a fulfillment tool, then where is the fulfillment?”, Calling for a comprehensive review of the experiences of other countries, and determining whether the check is used as a real credit tool or fulfillment.
For his part, the Minister of Justice, Islamic Affairs and Endowments have reassured Nawaf Al -Ma’idah, the council that “the Penal Code is still in effect regarding the issuance of checks,” explaining that the current draft law represents a legislative development to protect the rights of checks holders.
He explained that some checks are rejected due to a shortage of the balance, despite the acceptance of the beneficiary in the available amount, which requires the activation of the partial payment mechanism and its enabling to retrieve the rest with appropriate legal procedures.
Al -Ma’idah emphasized that the project gives the check the status of the executive bond, which allows directing directly to the implementation court, without human interference in the procedures, where letters are issued to banks electronically.
Al -Ma’idah revealed a statistic in which he said that the courts and implementation departments recovered in 2023 more than 96 million dinars in favor of 131 beneficiaries, praising the cooperation between the government and the council in developing the legislative system to serve the citizens.
