| (1) |
A cheque may, provided the requirements of subsection (1), paragraphs (a) and (b) of subsection (2) and subsection (3) of section 43 are met, be presented for payment to the drawee by a collecting bank on behalf of the holder— |
| (a) |
at a place designated in the rules of any clearing house of which both the drawee bank and the collecting bank are members; |
| (b) |
at a place of payment designated by the drawee bank; or |
| (c) |
by means of data transmitted in terms of an agreement to which both the drawee bank and the collecting bank are party by, or on behalf of, the collecting bank to the drawee bank, identifying the cheque with reasonable certainty. |
| (2) |
For the purpose of paragraph (c) of subsection (1), a cheque is deemed to be identified with reasonable certainty if— |
| (a) |
the sum ordered to be paid by the cheque; |
| (b) |
the number of the cheque, if any; |
| (c) |
the name and number of the account against which the cheque is drawn; and |
are specified or are readily ascertainable by the drawee bank from the date transmitted by or on behalf of the collecting bank.
| (3) |
Where a cheque is presented for payment in terms of this section, the drawee shall not be relieved of any liability to which the drawee would have been subject in relation to the cheque if it had been presented by being exhibited to the drawee. |
[Section 43A inserted by section 13 of Act 56 of 2000.]
Special Investigating Units and Special Tribunals Act, 1996
