Rabat – Morocco’s Council of Government approved on Thursday a draft bill amending the Code of Commerce, aimed at restoring public and business confidence in cheques as a secure means of payment, according to government spokesperson Mustapha Baitas.
Speaking at a press briefing following the weekly government meeting, Baitas explained that the reform seeks to “rehabilitate the legal framework governing cheques, strengthen their credibility, and enhance legal and financial security.”
The draft law also seeks to promote investment and ease the pressure on courts by expanding the scope of amicable settlements between parties.
Reforming a troubled system
According to Bank Al-Maghrib (BAM) data for 2024, nearly 30 million cheque transactions were recorded nationwide, worth around MAD 1.32 trillion. Yet, 972,232 cheques were rejected due to insufficient funds, leading to more than 180,000 complaints filed between 2022 and mid-2025. Of these, legal proceedings were initiated against 76,936 people, including 58,710 who were detained.
“These figures reflect a genuine problem in cheque usage, which requires a reform of the penal policy,” Baitas noted.
Under the new provisions, the bill amends Article 316 of the Code of Commerce. Previously, cheque non-payment cases were handled exclusively by the courts, which could impose fines amounting to 25 percent of the cheque’s value.
The reform instead allows the payer to settle the cheque amount with a reduced penalty of 2%, effectively ending legal proceedings once the payment is made. The bill also introduces a mechanism for amicable settlement at all stages of the judicial process, even after sentencing.
Payment of the cheque amount or withdrawal of the complaint would prevent the opening of prosecution or terminate ongoing proceedings. Additionally, the law provides a penal exemption for cheque-related acts committed between spouses or family members in direct ascendance.
Modernizing Morocco’s financial framework
The reform aligns with Morocco’s broader strategic vision to modernize its financial and commercial legal frameworks, keeping pace with evolving trade and payment practices.
It also addresses the persistent issue of bounced cheques, which has long undermined investor confidence and caused significant economic and social repercussions for both issuers and beneficiaries.
The proposed legislation further encourages citizens to regularize their status by paying a one-time fiscal contribution to clear fines related to cheque payment incidents.
According to the government, these measures are expected to revitalize economic activity, reduce imprisonment rates, and ease judicial congestion in cheque-related cases.
