Company Fined $43,000 for Empty Payee Line on Checks
Translated & summarized from Bizportal by baba
The story in 5 lines · by baba
- Company fined $43,000 for leaving payee line blank on 24 checks.
- The violation of Israel's Cash Flow Reduction Law occurred upon check delivery.
- Court rejected company's defense that rent payments were outside its business.
- Payee's name must be on checks for any business transaction amount.
- Judge cited company's community work in not imposing court costs.
A medical services company has been fined 160,056 shekels (approximately $43,000) for a seemingly minor error in filling out checks. The company, which operates a community clinic in Rahat, paid its landlord 800,280 shekels via 24 post-dated checks. The checks were marked "for beneficiary only" but the payee line was left blank when they were given to the landlord.
The Israel Tax Authority viewed this as a violation of the Cash Flow Reduction Law and imposed a penalty of 20% of the total amount. The company argued that the violation was not yet complete, as some checks had not yet reached their due date. However, the court ruled that the offense was committed the moment the check was handed over with a blank payee line, regardless of the due date. The court explained that a blank payee line increases the risk of the check being transferred between parties, which is precisely what the law aims to prevent.
The court also clarified that the "for beneficiary only" notation is insufficient without a clear payee name. In this case, the checks were delivered to the landlord with the payee line empty, meaning the recipient's identity was not specified on the document at the time of delivery.
The law requires that for any business transaction, including payments for rent, salaries, loans, or donations, the payee's name must be written on the check for any amount. While there is an exemption for private individuals up to 5,000 shekels, the rule applies from the first shekel when a business is involved.
The company attempted to argue that paying rent was outside its core business of providing medical services. However, the Beersheba Magistrate's Court rejected this distinction, stating that the building was used for the clinic, the rent enabled the company's operations, and the checks were drawn from the company's account and bore its stamp.
While the court found the penalty to be within a reasonable range, the judge decided not to impose court costs, acknowledging the company's work in the medical field and its contribution to the Bedouin community in the Negev. The ruling serves as a reminder that checks for rent, suppliers, loans, employees, or professionals must have the payee's name at the time of delivery, and failing to do so can result in substantial fines.
Read the original at Bizportal