
What is a Check? How is it Used?
A check is a bank instrument that serves as a payment order and is used to pay a specified amount of money to the person or organization indicated on the check. Typically, an individual or company issues a check to make a payment to another party using funds from their own bank account. In Turkey, checks are a common payment method in commercial transactions and play an important role in both individual and commercial sectors.
The use of checks in Turkey is governed by Law No. 5941 on Checks. This law sets out the rules regarding how a check should be issued, the information that must be on it, and its validity. There are two main parties involved in a check: the debtor (the issuer of the check) and the payee (the person or organization to whom the check is payable). Checks are often used in commercial transactions, debt payments, or purchases. The validity of a check depends on the date, amount, and signature written on it.
In our country, there is a "Check Registration System" to ensure the safer use of checks. This system allows you to scan the QR code on the check to verify the payment history of the person issuing the check and the validity of the check using the Findeks QR Code Check Report.
If there is not enough money in the issuer's account on the payment date, the check is considered " non-payable" Issuing a non-payable check is legally a crime. Checks carry a higher risk of fraud compared to other payment methods. Therefore, it is important to be cautious and take necessary precautions when issuing checks.
To be able to issue a check, you must first obtain a checkbook. To get a checkbook, you need to follow these steps:
1. You need to open an account at a bank to get a checkbook. This account will be the one from which you issue your checks.
2. Inform the bank that you want to obtain a checkbook. The bank will take your application and request the necessary documents.
3. Banks usually require identification information, a tax number and in some cases, business documents.
4.To obtain a checkbook, you must not have an active record of a non-payable checks, meaning your check record must be clean. Otherwise, banks cannot issue a checkbook.
5. After you apply, the bank will review your documents, complete the checkbook approval process and provide you the checkbook.
Although this process is generally similar, it may vary from bank to bank.
A checkbook usually consists of 10, 15, 20, or 25 check leaves. A check leaf refers to each individual page of a checkbook. Some important points to consider when using check leaves are:
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The check contains the necessary information for its issuance. This information includes the check amount, date, the payee's name, the issuer's signature, and bank details.
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The date on the check indicates when it was issued. The check should be paid on the specified date.
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The amount on the check can be indicated both numerically and in words. This helps prevent misunderstandings.
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A check can be made payable to a specific person or organization. The payee's name or title should be clearly stated on the check.
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For the check to be valid, the issuer's signature is required. The signature must be on the check.
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One important point to consider when using checks is that there must be sufficient funds in the bank to cover the check. Otherwise, the check will be non-payable and could lead to legal issues.
After using a check leaf, the process of payment to the recipient will occur.
The process of check collection begins when the payee presents the check to the bank and generally involves the following steps:
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Presentation of the Check: The recipient takes the check to the bank and requests its collection. The check must be presented to the bank within the specified period.
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Check Verification: The bank verifies the information on the presented check. At this stage, details such as the validity, date, amount, and the issuer's signature are examined. Additionally, whether there are sufficient funds to cover the check in the bank is checked.
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Payment: If the check is valid and has sufficient funds, the bank pays the payee the amount of the check. This is usually done in cash or transferred to the payee’s account.
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Non-Payable Check Situation: If there are insufficient funds or an issue (e.g., missing date or signature), the bank will not accept the check and will return it to the payee-recipient. In this case, the payee-recipient may need to resolve the issue.
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Check Collection Time: Banks generally complete the check collection process within a few business days. However, this period may vary depending on the bank and the type of check. The collection time should not exceed the presentation period, which is the validity period of the check.
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Legal Processes: In the case of a non-payable check, the payee-recipient has legal rights. The payee can initiate legal proceedings (debt collection) against the issuer of the check.
The most important point in the check collection process is to present the check in a timely and correct manner. Additionally, all information on the check must be filled out completely and accurately for it to be valid.
Takasbank
Takasbank is an institution involved in financial transactions in Turkey and plays an important role in check clearing processes. The check clearing system ensures that checks are processed securely and quickly.
The Takasbank Check Clearing System was established to facilitate the payment of checks between bank branches through accounts, according to Article 5 of the Regulation on Check Clearing Activities. The system aims to mediate clearing, reconciliation processes, and collateral management.
Takasbank Check Clearing Process:
Banks submit the information and images of the checks they receive during the day as a clearing package to Takasbank by 06:00 the next morning.
At 06:00 in the morning, the check information uploaded to the system by the banks is sent to the relevant member banks with a clearing distribution package prepared by Takasbank for authorization processes.
Banks review the clearing information between 06:00 and 17:45 on the relevant clearing day (The bank to which the check belongs uses the check's image to verify its validity and information. During this process, the information on the check (amount, date, signature, etc.) and whether there are sufficient funds for this check in the bank are checked) and share the return information with the Takasbank system. After the return process is completed, the system sends the return information to the banks that initiated the clearing process.
Reconciliation:
After the return processes are completed, the net cash debt or credit information that member banks need to pay the next day is finalized and notified to members by Takasbank with a reconciliation file.
Cash payments are sent by the banks to the CEKTK reconciliation account at Takasbank by no later than 12:00.
Takasbank uses the necessary systems to carry out check clearing processes. Transactions made between two parties (the issuer and the payee of the check) are carried out by the bank collecting the check through Takasbank. This ensures that checks are securely transferred from one party to another. In the event of check collection, Takasbank calculates the relevant amounts and makes payments. In this process, the amount of the check is transferred to the account of the person receiving the check. After the check is collected, the relevant amount is deducted from the bank account of the person issuing the check. This transaction is considered an account settlement process for both parties.
What does the bank do if a check has insufficient funds?
Non-payable checks occur when there is not enough money in the bank where the check is written. In Turkey, banks follow a series of procedures regarding non-payable checks. Here are the general steps of these procedures:
Presentation and Verification of the Check: When the person receiving the check submits it to the issuing bank, the bank verifies the information on the check (amount, date, signature, etc.). If there are insufficient funds in the bank (i.e., not enough money in the account), this situation is considered a non-payable check.
Non-paid Check Notification: After determining that the check is non-payable, the bank notifies the payee of this situation and stamps " non-payable " on the back of the check.
Payment Per Leaf: According to the Check Law, in the case of a Non-paid check, the bank is required to pay a certain amount to the payee per check leaf. In 2025, the amount for which the bank is responsible is 12.650 TL per leaf.
Non-Payable Check Record: The bank sends the information of the person issuing the Non-paid check to the Check Registration System (ÇKS) through the KKB Risk Center. This record can also be seen by other banks, so individuals with Non-paid check records may have their ability to obtain and issue checks can be blocked.
Legal Process: If the check remains unpaid, the payee can initiate legal proceedings against the issuer. This may involve enforcement proceedings or filing a lawsuit. Writing a non-paid check is considered a crime in Turkey and has legal consequences. Therefore, the issuer may face legal proceedings.
Tracking of Non-paid Checks: Banks follow a certain process to track bounnon-paid ced checks. This process may include initiating necessary legal proceedings against the issuer of the check. In the event of a non-paid check, the use of the account on which the check is written may be restricted or the account may be closed entirely. This may vary depending on bank policies.
Non-paid checks can cause serious legal and financial problems for both the payee and the issuer. Therefore, it is important to be cautious when issuing checks and to consider the account status in the bank.
Image Sources
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