--- title: "Protest of a Bill of Exchange and Establishment of Cheque Non-Payment" url: "https://legal.ge/en/service/notariat-and-civil-acts-en/protest-of-a-bill-of-exchange-and-establishment-of-cheque-non-payment-en" field: "Notariat and Civil Acts" description: "Bill protest and cheque non-payment: Articles 38 and 40; an appeal does not suspend enforcement, sea protest at GEL 300, full support. Legal.ge." updated: "2026-10-15" publisher: "legal.ge" --- # Protest of a Bill of Exchange and Establishment of Cheque Non-Payment > Source: legal.ge, https://legal.ge/en/service/notariat-and-civil-acts-en/protest-of-a-bill-of-exchange-and-establishment-of-cheque-non-payment-en ## The Service: Protest of a Bill of Exchange and Establishment of Cheque Non-Payment When a bill of exchange or a cheque goes unpaid, time plays the decisive role: the fact of non-payment must be fixed officially, through the notarial procedure, so that you can use it in the next legal steps — including enforcement. This service covers exactly that: the Legal.ge team represents your interests in the procedures of protest of a bill of exchange and establishment of cheque non-payment, assesses the documents in advance, safeguards the deadlines and prepares the follow-up steps on the basis of the notarial document received. The practical meaning is simple: protest and the establishment of non-payment belong to the class of grounds that lead from a debt document to an enforcement document. A mistake at this stage — a late protest or an incorrectly conducted procedure — crushes the entire matter, which is why professional representation here is not a luxury. ## Notarial Acts: Bill, Cheque, Sea Protest (Article 38) Article 38 of the Law on the Notarial System reflects this field directly in the list of the notary's acts. The notary: performs the protest of a bill of exchange; presents the cheque for payment and certifies the cheque's non-payment; performs the sea protest. In connection with notarial acts, the notary also provides legal advice to persons and, at their request, prepares drafts of documents. Each of these acts demands a different procedural regime: for a bill, the timely performance of the protest is central; for a cheque, the sequence of presentation for payment and certification of non-payment; and the sea protest is a separate institution rooted in maritime affairs. We analyse each regime separately and match your document to the correct procedure. ## After the Protest: The Enforcement Sheet on a Notarial Document (Article 40) Article 40 establishes the onward route. The notary issues the enforcement sheet on the basis of a written application of the creditor (or their successor); the application must be accompanied by the notarial document on whose basis the applicant requests the enforcement sheet. The application must contain: the identity of the notary to whom it is addressed; the identities/names of the parties and their representatives; data on the volume of unfulfilled primary and additional obligations; an indication that the unfulfilled claim is not dependent on the applicant performing any counter-obligation, or that such an obligation has already been fulfilled; and the applicant's signature. Where these grounds exist, the notary issues the enforcement sheet without requesting documents confirming non-fulfilment. The sheet may be issued by the notary who certified the transaction, or by that notary's successor; where the authority is suspended or terminated — by another acting notary. Enforcement is admitted on the original of the enforcement sheet; if it is lost, the notary issues a certified copy (duplicate), and where issue in that manner is impossible — the Notaries Chamber of Georgia does. And the statement most often overlooked: „Enforcement on the basis of an enforcement sheet issued by a notary is carried out according to the procedure established by the Law of Georgia on Enforcement Proceedings. At the same time, the appeal of the enforcement sheet and/or the notarial document for whose enforcement the sheet was issued does not suspend enforcement.“ This means that the debtor's appeal will not stop enforcement — which is exactly why the enforcement route is a strong instrument in the creditor's hands. ## Fees: An Honest Picture Under the relevant position of the fee schedule, performing a sea protest is fixed at GEL 300 — a separate action characteristic of maritime affairs. The fees for protest of a bill of exchange and establishment of cheque non-payment are likewise set by that schedule; we determine the specific amount for each case from the corresponding position of the schedule and communicate it to you in advance — on this page we do not name figures that have not been precisely verified. ## Our Role: Representation Along the Whole Chain The service includes: a legal assessment of the debt document — which action fits your case; preparation of the documentation for the notary; deadline control — protest and presentation must be timely; drafting of the enforcement-sheet application with every component required by Article 40; and further representation at the enforcement stage. We build the sequence from the facts of your matter so that no deadline is missed. ## Frequently Asked Questions The questions we hear most often about bills and cheques: ### Who performs the protest of a bill of exchange? The notary — it is a notarial act established by law: the notary performs the protest of a bill of exchange, presents the cheque for payment and certifies the cheque's non-payment. We conduct these actions in your name and control the correctness of the procedure. ### Does an appeal suspend enforcement? No. The law states directly: the appeal of an enforcement sheet and/or the notarial document for whose enforcement the sheet was issued does not suspend enforcement. Enforcement proceeds under the procedure established by the law on enforcement proceedings. ### What must the enforcement-sheet application contain? The identity of the notary addressed; the identities of the parties and their representatives; the volume of unfulfilled primary and additional obligations; an indication that the claim is not dependent on a counter-obligation or that it has been fulfilled; and the applicant's signature. The application must be accompanied by the notarial document. ### How much does a sea protest cost? Under the relevant position of the fee schedule — GEL 300. The fees for bill protest and establishment of cheque non-payment are also determined from that schedule; we establish the specific amount for your case and communicate it in advance. ## How We Help on Legal.ge Contact us on Legal.ge: we will assess your debt document and determine the necessary notarial act; prepare the documentation and the deadlines; conduct the protest or the establishment of non-payment; draft the enforcement-sheet application and represent you at the enforcement stage. From a debt document to enforcement — one team, one strategy. ### Which action on a cheque belongs to the notary? The notary presents the cheque for payment and certifies the cheque's non-payment. This is a notarial act established by law, and its correct conduct is the foundation of the next steps. ### Does an appeal suspend enforcement? No — the appeal of an enforcement sheet and/or the notarial document for whose enforcement the sheet was issued does not suspend enforcement. That is why the enforcement route is a strong instrument in the creditor's hands. ### Is a document confirming non-fulfilment needed? Where the grounds exist, the notary issues the enforcement sheet without requesting documents confirming non-fulfilment. The application must be accompanied by the notarial document on whose basis you request the sheet. ### How much does a sea protest cost? Under the relevant position of the fee schedule, a sea protest is fixed at GEL 300. For the remaining actions we determine the fee from the same schedule and communicate it in advance.