Assegno bancario: uso, emissione e precauzioni

What is a bank check?

A bank check is a small written document with which the person writing the check (the drawer) authorizes their bank (the drawee) to pay the amount specified in the check to a third party (the beneficiary) or to themselves. In practice, using a bank check allows payments in place of cash. The specified amount is withdrawn from your account and paid to the person named on the check you have written. If a check is issued by a bank, it is either a cashier’s check or a promissory note. To issue a check, you must have a current account and enter into an agreement with your bank, which will issue you a checkbook (carnet).

How to request a checkbook

To have a checkbook, you must first have a bank account. You can then request a “check agreement” from your bank, which allows you to issue checks. At this point, you will need to issue a checkbook. If your checkbook is lost or stolen, it’s a good idea to report it to your bank immediately so that the checks cannot be cashed illegally. The checkbook is made up of ten or twenty slips of paper, each divided into two parts: the parent (the part of the slip that remains attached to your checkbook, where you note the amount of the issued check, the date, the beneficiary, the reason for the check, and the balance in your account) and the subsidiary (the check document that, once completed, is detached from the checkbook and given to the beneficiary).

How to fill out a bank check

When filling out a bank check, you must enter some essential information to ensure the check is issued correctly:

• place of issue
• date of issue
  (if the date indicated is after the day of issue, the cheque is said to be post-dated, but this operation is a tax offence unless this is permitted by the time required to deliver the cheque to the beneficiary, and in any case, even in this case, a post-dating of a maximum of 4 days is permitted);
• amount to be paid indicated in numbers
  (it is important to remember that two decimal places must always be indicated even in cases where the amount is a whole number; for example, you should write 250.00 and 250 alone is not correct);
• Amount to be paid, indicated in words
  (even when writing the amount in words, cents must be indicated even when the amount is whole numbers. In this case, a slash should be used, not a comma as in the case of a figure, for example, two hundred and fifty/00. If there is a discrepancy between the amount in figures and the amount in words on the check, the amount written in words is considered valid, therefore, great care must always be taken when filling out the check).
• beneficiary,
  i.e. the name of the person to whom the cheque is addressed, who may also be the person issuing the cheque, in which case it should be indicated as “to myself” or “to my own order” so that the amount can be cashed directly at one’s bank;
• signature
  of the person issuing the check

In your checkbook, it’s a good idea to always remember to write the previous balance in your bank account, the amount of the new check, the date, the name of the beneficiary, and possibly even the reason for the payment on the stub from which you draw the check.

The endorsement of the checks

An endorsement is the act of placing a signature on the back of a check, thereby transferring the check to another beneficiary. This check can be cashed immediately or endorsed multiple times. The only caveat is that all signatories assume responsibility for covering the specified amount. If the bank account to which the check is issued does not have the required funds, they must also guarantee the amount of the endorsed check. A “full endorsement” indicates the name of the person to whom the check is being endorsed, while a “blank endorsement” indicates only the signature.

Non-transferable check

A non-transferable check means that the amount shown on the check must be paid exclusively to the payee whose name is indicated on the check. Therefore, the check cannot be endorsed to anyone else. This is indicated by writing the word “non-transferable” on the check itself (on the front and, if desired, on the back).

Since June 25, 2008, the “non-transferable” clause and the indication of the beneficiary’s name or company name have been mandatory for all bank cheques for amounts equal to or greater than €12,500.

Stapled check

A check is said to be stapled when the top left corner of its face is cut off. This operation prevents the check from being circulated again and also prevents stolen checks from being recirculated.

Crossed check

When two slashes are placed diagonally across the face of a check, the bank is required to pay the indicated amount only to one of its customers or to another bank. This prevents the check from being paid to a one-time customer, but only to a known customer. A crossed check can have multiple endorsements, unlike a non-negotiable check. Therefore, when you receive a crossed check, you must have an account with the bank; otherwise, you cannot cash it.

Bad check

A bounced check is a check for which the amount is not present in the issuer’s bank account. The beneficiary can file a recourse action to recover the amount against either the drawer or any other person who endorsed the check, but not the bank. The recourse action consists of three main phases: the formal notice of payment, the seizure of the assets, and their judicial sale. To be eligible for recourse, the check must have been presented for payment within the legal deadline, and the bank’s refusal to pay must be verified with a protest or a self-certification from a Bank of Italy official .

When you sign

Therefore, when you write a check, you must ensure that the amount is present in your account, and this balance must remain in your account for a few days until you are certain the check has cleared. The payee can present the received check for cashing within 8-15 days of receiving it, and from that point on, it can take another 5-7 business days for the charge to actually appear in their account.

Precautions when filling out the check

When writing a check or even when receiving a check, it is important to pay attention to certain aspects so that the check is not invalidated or can be cashed by anyone:

• It is not permitted to post-date a check unless this practice is permitted by the time required to deliver the check to the beneficiary and in any case, even in this case, a post-dating of a maximum of 4 days is permitted;
• Please carefully fill in the beneficiary section with the correct name or company name of the beneficiary, otherwise the check may be cashed by other people;
• Pay close attention when filling in both the letters and the numbers, and remember that if the two numbers do not match by mistake, the letters will be used;
• after the figure, whether in letters or numbers, the decimals must always be indicated even if the amount is a whole number, for example, 200.00 and two hundred/00 must be written;
• It is good practice to precede and follow the amount with the # symbol so that the amount cannot be changed without our knowledge, for example it is good to write #1,000.00#.