The purpose of the JOINT INSTRUCTIONS of the Central Bank of Cyprus and the Commissioner of the Co-operative Societies Supervision and Development Authority for the Opening and Operation of Current Accounts, the set up of a Central Information Register for Issuers of Dishonoured Cheques and Other Related Matters (to be referred to as “the Instructions”) is to specify the procedures and mode of operation of the Central Information Registry in which issuers of dishonoured cheques are recorded in accordance with criteria set out in the Instructions.
These Instructions, that came into force on 1st February, 2003 aim at tackling the serious problem of dishonoured cheques that undermine the role of cheques as a reliable means of payment and constitutes a destabilising factor for the viability and reliability of businesses and traders with all the negative repercussions for the economy.
The Instructions are issued in accordance with the Banking Services Laws and the Co-operative Societies Laws. The Central Bank of Cyprus has the responsibility for the maintenance and operation of the Register. However, the responsibility for the correct, timely and complete recording in the Register of the data of the issuers of dishonoured cheques and of the didshonoured cheques themselves lies with the Banks and the Co-operative Credit Societies.
In accordance with the Instructions, no person shall be recorded in the Registry unless for example one of the following criteria is satisfied:
(a)(i) a natural or legal person has, over a period of 12 months, issued at least three dishonoured cheques irrespective of the value of the cheques, or
(ii) the combined total value of any dishonoured cheque or cheques issued over this period exceeds €2.000,
(b) the listed person was considered by a bank or Co-operative Credit Society as being in position to exercise control over the accounts of the listed company
In accordance with Article 15, deletion from the Central Information Register is possible only when the following conditions are fulfilled :
(a) a period of 3 years has elapsed since the date of the recording of a person in the Register, and this person has proven that all cheques have been paid and 12 months have elapsed since the last dishonoured cheque was honoured.
(b) In addition, the Management Committee of the Register may, at its discretion proceed to the deletion of a person if:
(i) All dishonoured cheques have been settled within a period of one month from the date they were recorded as dishonoured, or
(ii) A period of 12 months has passed since the last dishonoured cheque was honoured.
Registered persons who wish to apply for the deletion and/or correction of their records in the Register, have to fill in the application form and send it to the Management Committee electronically to the email address email@example.com together with all the necessary documents justifying their request for removal from CIR. All documents must also be submitted in original/paper form.
Access to the data of the Central Information Registry (CIR) on Issuers of Dishonoured Cheques
Interested parties that evaluate the possibility to establish economic relations with other parties can subscribe for access to the data of the Central Information Register via the First Cyprus Credit Bureau Ltd (FCCB) which will forward the applicaton to the CIR Managing Committee for approval.
CIR data are also communicated to Artemis Bank Information Systems Ltd, 77 Strovolos Ave. Office 201, 2018 Strovolos, Nicosia. tel. 22454777, fax 22420135, web site: www.artemis.com.cy, in accordance with the authorisarion given by the Commissioner for the Protection of Personal Data.
If a loan/credit application of a consumer is rejected on the basis of consultation of a database, the creditor shall inform the consumer immediately, and without charge of all the particulars of the database consulted (unless this is prohibited by the acquis communataire or is contrary to public policy or security).