Capital Chronicle raises the issue of how much unaccounted-for debt might be floating around Dubai's economy in the form of post-dated cheques - linking to this piece to give an idea of how widespread the practice is. Not surprisingly, considering its strong and persistent Arab heritage, the same could be asked of Spain. In fact, the pagaré (literally, 'I will pay') has its own legal status - different from that of the cheque or the bill of exchange - in this country.A nice example of the this is the debt that continues to be issued to the public by Nueva Rumasa, which we dealt with last March. In that post, we described them as 'unsecured bonds'*, but in strict legal terms they are pagarés. The desperate-for-yield investor (or true believer, as the case may be), on signing up for this plan is, formally, exchanging 50,000 euros (the minimum so as to keep the emission out of the supervisory reach of the CNMV) for a post-dated cheque, to be cashed one year later, in the amount of 54,000.
So common is the use of these instruments that you can order a book of them at your bank branch. What you receive is indistinguishable from a cheque except that it has, as it legally must, the word pagaré at the top of each leaf.
We have had a couple of encounters or near-misses with these items.
The first was in 2003 in which, following one and a half years of fruitless negotiations with a family of truly cantankerous and ill-willed first cousins over an inheritance (the seriousness with which they can take these battles here is evidenced by the legal title this writer has to two percent of an abandonned house in Tenerife), we finally got their attention by requesting arbitration by the courts. It woke them up and a deal was reached involving the purchase by myself and an aunt of the portion belonging to the contrary lot. The payment was: one certified cheque, the requisite pile of unrecorded cash and a pagaré dated four months later. Note that we were sternly warned by a disinterested and knowledgeable party to make sure the money was in the bank on the day it came due. Failing to do so would not have been a simple case of bouncing a cheque.
The second case (perhaps mentioned in regret as it would have relieved us of the current eternal wait for the rain to stop and olive picking to begin), which never came to fruition because we couldn't agree on a price, involved discussions to sell a property two years ago. The circumstances were that the buyer, whom we knew well, did not want to take on a mortgage - preferring instead to pay in annual instalments - and the writer did not wish to see the transaction make it to the property registry until 2012. The obvious solution was a well written contract, a first payment by cheque, the requisite envelope full of 500's, and five pagarés.
*Rumasa advertises these things on television and the national press. The latest issue, according to the publicity, is in fact secured - by the liquid contents of brandy and wine bodegas which they own. Their claimed value? Something over one billion euros.
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