few days ago I happened to study a long-time client, to say the least angry with an established bank, which I prefer not to name for obvious reasons of privacy.
In this case, as is the case in recent times, even had become the national sport, Tom (I'll call it that), a professional trader, following a substantial sales of electronic products, received a check in payment of account, based specifically on a well-known bank.
Not even thinking about it, of course, the check was protested for lack of funds!
I would point out to Tom that the Bank drawer (be it an ordinary bank or the Italian Post Office), under the function of a public nature inherent in the activity carried out by them, would have to watch carefully ensuring both the 'adequate security, the confidence users in the circulation of securities.
n.386/90 Act, as amended by D.lgs.n.507/99 provides, in fact, the obligation for the Bank, in case of the issuance of a check in the absence of funding, to include the name of the drawer in the archives of the Central Alarm Interbank, just to make known the name of the payer unreliable for six months and to prevent the possibility of issuing more checks.
Tom, to be honest, troubled, but perhaps more disappointed with what he would say: "... the Bank of the drawer is also my bank ..."
Well, beyond any consideration of reliability and trust of the Institute in question, which I obviously misplaced, I have not left him anything but that, if the Bank had not entered the name of the drawer CAI in the archive, this would be obliged to pay all checks issued after the first in the absence of funding.
despair!
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