§ 2-2. When is a payment considered made? Time and place of payment

the Financial Contracts Act (Finansavtaleloven)·LOV-2020-12-18-146

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In brief

The text of the law (unofficial translation)

§ 2-2. Time and place of payment

(1) If the payer (betaler) is entitled to settle by transfer to the payee's (betalingsmottaker) account, the payment is deemed to have been made when the amount has been credited to the payee's payment service provider (betalingstjenesteyter). In the case of a transfer within the same payment service provider, the payment is deemed to have been made when the amount has been credited to the payee's account. When settlement is to take place by payment in cash, the payment is deemed to have been made when the amount has been placed at the payee's disposal through a payment service provider at the payee's location and notice of this has reached the payee.
(2) Unless otherwise agreed, a set payment deadline is furthermore deemed to have been interrupted
  1. when a payment service provider has received a payment order from a payer who is a consumer, cf. § 4-5 second paragraph
  2. when the payee receives and accepts a cheque or means of payment.
(3) If a received payment order is not to be executed immediately, the interruption of the payment deadline is counted from the agreed payment date.
(4) The payment deadline is not interrupted if the payment transaction (betalingstransaksjon) is not carried out and this is due to circumstances on the payer's own side. In that case, the payment service provider shall notify the payer of this in accordance with § 4-6.
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 2-2

What does this mean?

This section says when a payment is considered made, and when a payment deadline has been met. The first paragraph covers three situations. For a transfer to an account, the payment is considered made when the payee's bank has had the amount credited. If both accounts are in the same bank, what counts is when the amount has reached the payee's account. For cash settlement, what matters is that the money has been made available to the payee through a payment service provider at the payee's location, and that the payee has been informed of it.

The second paragraph deals with when a payment deadline is interrupted, that is, when the debtor (skyldner) has done what is required. Unless otherwise agreed, for a consumer who pays, this happens when the payment service provider has received the payment order. The time of receipt follows § 4-5 second paragraph: on a business day (virkedag), the order is considered received when it is delivered or registered, and otherwise on the first business day after. For cheques or other means of payment, what matters is that the payee has both received and accepted them. Third paragraph: if the order is not to be executed immediately, the interruption is counted from the agreed payment date, in line with § 4-5 fourth paragraph.

The fourth paragraph makes an exception. The payment deadline is not interrupted if the transaction is not carried out because of circumstances on the payer's own side. The payment service provider must then give notice under § 4-6, which requires notice immediately, with reasons and information on how errors can be corrected. Example: a payer enters an order, but it is stopped by a circumstance on the payer's own side. The payment deadline then keeps running, and the payer must be notified.

The section builds on § 2-1, which says how a payment is normally settled, and is followed by § 2-3 on currency.

Related sections
All sections of the Financial Contracts Act →