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August 9, 2024

Do checks have an expiration date?

Ignacio Remuiñan

Sr. Growth Manager

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It is important to know the number of days available to cash a check in Mexico, which can vary depending on the bank's policy and the applicable law.

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**Do checks expire?**

According to **Article 181 of the General Law of Credit Titles and Operations,** checks do have an expiration date, as they must be presented for payment within the timeframes indicated below:

  • **They expire fifteen days** after the date of issuance if they are paid in the same place where they were issued.
  • They are valid for one month if issued in different locations within Mexico.
  • They expire in three months if the check is issued abroad to be paid in Mexico.
  • They expire within three months if issued in Mexico to be paid in another country, provided that the laws of the place of presentation do not specify another timeframe.

Types of checks in Mexico

There are two types of checks:

  • Named (Nominativo): A check issued for amounts exceeding those established by the Bank of Mexico through general provisions published in the **Official Gazette of the Federation.**
  • Bearer (Al portador): When the check does not indicate the identity of the person who should cash it, or if it does, it also includes the "bearer" clause.

**A named check** can be issued in favor of a third party, the drawer, or the drawee, while a check issued or endorsed in favor of the drawee cannot be negotiable.

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**What happens with canceled checks?**

The interested party can go to the financial institution to request a replacement, indicating whether the check is named or bearer.

The following can happen with a canceled check:

  1. A replacement can be requested due to deterioration or damage, loss of the check, or expiration of its validity period after issuance. In all these cases, the person requesting the replacement must show their valid identification document.
  2. Only in the case of a lost check must a review process be carried out in the bank's electronic system where the drawer has their account to see if it has been cashed.
  3. **If it has not been cashed, it must be declared lost at the bank** to proceed with its replacement, for which the client must fill out the form provided by the bank and submit their official identification.
  4. **If the check appears as cashed, it will not be reissued,** and the client must send a formal letter to the bank to clarify the collection of the check's monetary amount.
  5. **If the check is canceled due to age (up to six months after issuance),** the interested party must go to the human resources office with their identification if it is a named check issued by a company, or to the bank if it is a bearer check.

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**Where to cash checks?**

According to Article 180 of the General Law of Credit Titles and Operations, the check must be presented for cashing or, failing that, for payment, at the address indicated on it or at the bank branch of the beneficiary's choice.

Reasons for check returns

Here are some of the most common reasons for check returns:

  • Lack of liquidity or funds.
  • Insufficient funds or balances.
  • Partially paid check.
  • Check drawn from a different checkbook.
  • Canceled account.
  • Closed account.
  • Frozen balance.
  • Stop-payment order.
  • Check presented more than 6 months after the issue date.
  • Drawer bankruptcy.
  • Forged check.
  • Unregistered signature.
  • Signature does not match the one on file.
  • Missing signatures.

Let's not forget that a check can only be issued by someone who has available funds in a financial institution and, at the same time, has the institution's authorization to draw them, as it is an instrument that allows for the payment of a monetary amount at a specific time, provided the drawer has the funds available.

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