Developments of the Check Issuance Law from the Perspective of the Principle of Transparency of the Payment System with Emphasis on the CPSS Document

The report of the core principles governing systemically important payment systems (CPSS) is based on the fact that legal foundations and frameworks of any payment system have a strong influence on the safety, efficiency, and correct performance of payment system. One of the primary requirements for the optimal functioning of payment systems and management of settlement risks, especially its financial risks, is the establishment of clear and effective regulations. The second legal principle of the CPSS document is the requirement to enact such laws in accordance with the payment system transparency principle. This principle is not only emphasized by the European Court of Human Rights and many countries around the world, but also the principles of safety and efficiency agreed upon internationally in the field of payment systems. The study of Amendments to the Iranian issuing of check Act shows that the transparency principle of the CPSS document in the area of credit risks of the cheque payment system has been taken into consideration by the legislator in the amendment law of 2017. However, in the field of liquidity risks, it does not meet the requirements and conditions mentioned in this principle. In addition, the cheque issuance Act, as a special law governing the check payment system, does not have the necessary comprehensiveness and legal coherence. The necessity of re-reviewing the set of these laws in compliance with international principle governing payment systems, especially the second principle of this document, is inevitable.