Newsletter-21

94 NEWSLETTER 2016 • Liabilities of the Bank: As per amended Article 2 of the Law on Cheques, the drawee bank is required to identify whether or not the real persons and legal entities, as well as those in charge in the management body of the capital companies, and the authorized signatories thereof registered with the trade registry are prohibited from opening chequing account, and to keep the result of the investigation as to the lack of such a prohibition. With this provision, even if a person who is prohibited from opening a chequing account makes an ap- plication through a false statement, it is aimed to prevent the opening of a chequing account on behalf of such person 11 . A criminal record is also among the documents to be requested by the banks from those who wish to open a chequing ac- count. The bank is also required to register the real persons and legal entities, as well as the authorized signatories of the legal entities notified as of the date of opening of the account to the barcode scanning and information sharing system. The relevant article also regulates the requirement to include on each page of the cheque book the Turkish ID number if the chequing account holder is a real person, and the MERSİS (Central Trade Registry System) number if the chequing ac- count holder is a legal entity, and, in the event that the chequ- ing account holder and the drawer are different persons, the Turkish ID number of the drawer is required. • Liabilities of the Payee: According to the 10th sub-clause added to Article 3 of the Law on Cheques, the payee of the cheque with a barcode is required to register the cheque received by him/her with the barcode scanning and infor- mation sharing system. Through this method, banks will be able to tell which cheque pages were drawn and put into circulation. Changes in the representatives of the legal entity drawers after the date of registration of the cheque to the sys- tem shall not eliminate the liability of the chequing account holder legal entity. With this provision, lawmakers aim to prevent the non-payment of the consideration of the cheque on the grounds that such cheque was drawn by unauthorized 11 Preamble of Article 61 Law No. 6728.