Check Offences Reform: 2% Settlement Fine 2026

For decades, the Moroccan legal landscape regarding bounced checks was defined by a rigid, punitive approach. Imagine a small business owner in Casablanca who, due to a temporary liquidity crisis, issues a check that is returned for insufficient funds. Under the old regime, this individual faced not only the immediate threat of imprisonment but also a staggering mandatory fine—often 25% of the check's value—making financial recovery almost impossible. However, as we move through 2026, a landmark shift has occurred.

The enactment of Law 71-24, which amends and completes Law 15-95 (The Commercial Code), has fundamentally redefined how Morocco handles check-related disputes. The centerpiece of this reform is the 2% settlement fine, a mechanism designed to prioritize debt recovery and economic reintegration over incarceration. In this comprehensive guide, we will explore the nuances of the 2026 check reform, how to calculate the new fines, and the procedural steps required to resolve a check dispute without facing criminal charges.

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Legal Foundation: The New Architecture of Law 71-24

The Moroccan legislature recognized that the previous system contributed to prison overcrowding and stifled entrepreneurship. The new legal framework is built upon the principle of "Settlement First." The primary authority for these changes is Law 71-24, which modifies Book III of the Commercial Code (Law 15-95).

Primary Legislative References

To understand the 2026 landscape, one must look at several key provisions:

1. Article 316 of the Commercial Code: This is the heart of the reform. It unifies the description of the offense as "the failure to maintain or constitute funds with the intent to pay the check upon presentation."
2. Law 71-24 (Amending Law 15-95): The specific amending law that introduced the 2% fine and the mandatory formal notice period.
3. Public Prosecution Presidency Circular (2026): A critical administrative document that instructs prosecutors across the Kingdom to prioritize settlement and outlines the conditions for extinguishing public action.
4. Article 317 of the Commercial Code: Governs the specific penalties and the conditions under which a custodial sentence can be suspended or erased following a settlement.
5. Law 03.23 (Criminal Procedure): While the Commercial Code handles the specific check offense, the Criminal Procedure Law 03.23 provides the broader context for how these cases move through the Moroccan court system.

The reform also interacts with other institutions. For instance, while the Bank Al-Maghrib (Central Bank) continues to oversee banking bans, the judicial process is now more flexible. It is important to note that according to Reference 7 (Law on Credit Institutions), while entities like the Treasury and Bank Al-Maghrib are exempt from certain commercial banking regulations, they play a pivotal role in the ecosystem that monitors check validity and financial compliance.

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Practical Guide: Step-by-Step Settlement Procedure

If you find yourself facing a complaint for a bounced check in 2026, the law now provides a clear "exit ramp" to avoid criminal prosecution. The process is no longer automatic; it is conditional and procedural.

Step 1: The Formal Notice (L'Exhortation)

Under the new reform, a prosecutor cannot initiate a criminal case immediately. The drawer (the person who wrote the check) must be served with a formal notice. You have 30 days from the date of this notice to settle the debt. This period can sometimes be extended if there is evidence of a pending settlement negotiation.

Step 2: Payment or Waiver

To trigger the 2% settlement fine, you must first resolve the underlying debt. This is done by:

• Paying the full amount of the check to the beneficiary.
• Obtaining a written, notarized waiver (désistement) from the beneficiary stating they have been satisfied.

Step 3: Calculating and Paying the 2% Fine

Unlike the old 25% fine, the 2026 reform sets a unified settlement fine of 2% of the check's value.

• Example: If the check was for 100,000 MAD, the settlement fine is now 2,000 MAD, rather than the 25,000 MAD required previously.
• Payment Location: This fine must be paid to the Court Treasury (Caisse du Tribunal). You must present the proof of payment or the waiver to the clerk.

Step 4: Documentation Required

To successfully close the file, you will need:

• A copy of the bounced check.
• The original notarized waiver or bank receipt showing payment.
• The receipt of the 2% fine payment from the court.
• A formal request addressed to the Public Prosecutor (Procureur du Roi) to extinguish the public action.

Timelines and Costs

The 2% fine applies at different stages. If you pay before a complaint is filed, you may avoid the fine entirely by simply settling with the bank. However, once the judicial machinery starts, the 2% fine becomes the mandatory "price of freedom." If a final judgment has already been rendered, paying the amount plus the fine can still stop the execution of a prison sentence, as per the new instructions from the Public Prosecution.

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Key Provisions Explained: What You Need to Know

The 2026 reform is not just about lower fines; it is about a different legal philosophy. Here are the most important provisions broken down for non-lawyers.

The End of "Automatic Imprisonment"

Previously, a bounced check almost guaranteed a prison sentence. Now, the law emphasizes that the primary goal is to get the creditor paid. If the money is returned, the state’s interest in punishing the individual diminishes significantly. This aligns with broader Criminal Justice reforms aimed at modernizing the Moroccan penal system.

Cheque as a Guarantee (Chèque de Garantie)

For years, using a check as a security deposit was a common but illegal practice in Morocco. The 2026 reform clarifies this. While still technically an offense, the penalties have been softened for those who can prove the check was never intended for immediate payment but was held as security. However, the 2% fine still applies to regularize the situation.

Family Dispute Exceptions

One of the most compassionate additions to the law involves disputes between spouses or direct relatives (ascendants/descendants). The law now allows for a broader range of decriminalization or mandatory mediation in these cases, recognizing that criminalizing family financial disputes often does more harm than good. This reflects the spirit of the Moudawana reforms which prioritize family stability.

Banking Bans and the Central Bank

Settling the criminal aspect (the fine and the debt) does not automatically lift a banking ban. You must still follow the Bank Al-Maghrib procedures to clear your name from the central registry of payment incidents. However, the 2% fine paid to the court is often accepted as evidence of "regularization" to shorten the ban period.

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Common Mistakes & How to Avoid Them

Even with a more lenient law, many people fall into traps that lead to unnecessary legal trouble.

1. Ignoring the 30-Day Notice

Many individuals believe that because the fine is lower, they can take their time. Do not ignore the formal notice. If the 30-day window closes without a settlement or a fine payment, the Prosecutor is legally obligated to move forward with criminal charges, and you may lose the right to the simplified 2% settlement.

2. Paying the Beneficiary but Not the Fine

A common mistake is thinking that paying the creditor is enough. The 2% fine is a debt to the State. If you pay the creditor but forget the fine, the public action (the criminal case) remains open. You must do both to ensure the file is officially closed.

3. Using "Informal" Waivers

A simple handwritten note from a friend saying "he paid me back" is often insufficient for the court. Ensure all waivers are legally authenticated (notarized) to avoid the court rejecting your settlement application.

4. Confusing the 2% Fine with Court Fees

The 2% is a "settlement fine" (amende de composition). It is separate from standard court fees or the fees of a Judicial Officer (Huissier). Budget for both to ensure a smooth resolution.

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Conclusion with Key Takeaways

The 2026 Check Reform represents a significant victory for the Moroccan economy and the rights of individuals. By reducing the settlement fine from 25% to 2% and mandating a pre-prosecution notice period, the law shifts the focus from punishment to resolution. Whether you are a business owner or an individual, understanding these changes is essential for navigating the Moroccan financial system safely.

• Settlement is Priority: The law now mandates a 30-day notice period to allow for debt resolution before criminal charges are filed.
• Drastic Fine Reduction: The cost to regularize a bounced check in court has dropped to 2% of the check's value.
• Extinction of Public Action: Paying the debt and the 2% fine effectively ends the criminal proceedings at almost any stage.
• Professional Guidance: While the process is simpler, consulting a lawyer to ensure waivers are properly authenticated remains a best practice.

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