§ 1-5. Payment service, payment account and other terms for accounts and payments
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
In brief
- A payment service (betalingstjeneste) must be subject to a duty to notify or require a licence, and fall under one of the listed activities.
- Money transfers without an account agreement (kontoavtale) and credit-financed payments are also covered.
- Subsections 2 to 10 define, among other things, payment instrument (betalingsinstrument), payment account (betalingskonto), direct debit (direktebelastning) and account agreement.
The text of the law (unofficial translation)
§ 1-5. Definitions relating to account agreements and payment services
- deposits and withdrawals of cash on an account
- activities required to operate an account
- payment transactions (betalingstransaksjoner), including transfers of funds on an account carried out by
- direct debits initiated by the payee (betalingsmottakeren), including one-off direct debits
- use of a payment card or similar device
- the payer's (betalerens) instructions for account payments, including standing payment orders (betalingsoppdrag)
- execution of payment transactions as mentioned in letter c with funds covered by a credit facility (credit limit)
- issuing of payment instruments and acquiring of payment transactions
- transfer or receipt of funds without an account agreement
- payment initiation services
- account information services (kontoinformasjonstjenester).
What does this mean?
This section brings together the definitions on which Chapter 4 on accounts and payments is based. The first subsection says what a payment service is. The service must be subject to a duty to notify or require a licence under the Financial Institutions Act, and it must fall under one of several specifically listed types of activity. Among them are cash deposits and withdrawals. The list is so broad that money transfers without an account agreement are also included.
Both are therefore payment services.
The other subsections give shorter definitions. A payment instrument is a personalised device or agreed procedure, for example a bank card, used to initiate payments. A payment account is in the name of one or more customers and is used for payments. Funds are notes, coins, deposits, credit on an account and electronic money. For electronic money, the Act refers to the Financial Institutions Act § 2-4, which describes it as electronically stored monetary value, a claim on the issuer, which is issued in return for funds paid in and accepted as a means of payment by others than the issuer. A payment order is a request from the payer or payee to carry out a payment transaction, and a payment transaction is the act itself that pays money in, moves it or withdraws it. A direct debit is when the payee initiates the debit from the payer's account on the basis of consent. An account agreement governs future payments on a payment account, and a deposit account in a bank is also included. Payment service providers and account providers are service providers: the former provides services under Chapter 4, the latter maintains the payment account for the payer.
This section is the starting point for several other rules. It is referred to in § 1-2 (the scope of Chapters 2 to 6), § 4-48 (exception for certain consumer agreements) and § 4-49 (cash withdrawals from cash machines). Consumer (forbruker) and customer are defined in § 1-4, and credit agreement (kredittavtale) in § 1-7.
- § 1-6Initiation services: payment initiation and account information
- § 2-4Who can issue electronic money?
- § 1-2Which chapters of the Financial Contracts Act apply to your agreement
- § 4-48Exception for agreements with an amount limit
- § 4-49Fees and exchange rate for cash machine withdrawals