Both companies and those that are self-employed tend to use the bills of exchange, IOUs or receipts as a source of financing through financial organisations. Commission for return of unpaid bills of exchange does not represent a new service, has no cause and should not be charged.
Through a bank discount contract a financial entity anticipates the payment of a credit that they have with a third party, as yet unexpired, through its transfer, with certain deductions or discounts through interest or commission. The ‘subject to payment’ clause is considered vital. According to this, if the debtor does not pay on expiration then the transferrer should. In this case, company will be charged the unpaid amount, whether through a counter offer in compensation or the payment.
For commission on the return of unpaid bills of exchange to be valid, there has to exist an agreement justifying it and, the pact should indicate explicitly and clearly the nature and quantity of the commission. This requirement cannot be substituted by a generic reference to the rates published by the organisation. In this way, the commission for the return of bills of exchange should correspond to the provision of a real service or cost incurred. The jurisprudence of the Provincial courts considers that the service is charged for the management of the payment and the interest.
Paying commission on returns does not imply acceptance if their illegality is unknown. That is to say, non-payment is merely another consequence of the collection management, that has already been returned through interest and discount permissions.