§ 3-4. Persons with a guardian: who gets the information from the bank?

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

Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська

In brief

The text of the law (unofficial translation)

§ 3-4. Persons with a guardian

(1) When a service provider is to give information to a customer under provisions laid down in or pursuant to this Act, and the customer has a guardian, the following applies unless otherwise specifically provided:
  1. If the customer is under 18 years of age, the information shall be given to the customer's guardian or guardians, unless otherwise provided by § 4-52. The service provider shall give customers who have reached the age of 12 access to information about their own customer relationship when the minor customer requests it.
  2. If the customer has reached the age of 18, the information shall be given to both the customer and the guardian.
(2) The first paragraph applies correspondingly to information that a service provider is to give to a customer under an agreement covered by this Act.
(3) The Government (Kongen) may lay down in regulations (forskrift) that information as mentioned in the first and second paragraphs shall also be given to the County Governor (statsforvalteren). The regulations may lay down more detailed rules on how the duty to provide information is to be fulfilled, and may include exceptions from the rules in this section.
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 3-4

What does this mean?

The customer's age decides. If the customer is under 18, the information as a main rule goes to the guardian or guardians. If the customer has reached 18 but still has a guardian, both the customer and the guardian receive the information. Customers who have reached the age of 12 can personally ask to see information about their own customer relationship, and the service provider must give them that.

In practice, the rules apply both to information required by law and to information that follows from the agreement itself. An example using the roles in the Act: a 13-year-old customer asks the service provider to see what is registered on the customer relationship. Even though the guardian is normally the one who receives information, the service provider cannot reject the request from the customer. The Government may also decide in regulations that the County Governor shall receive such information as well, and may make exceptions from the rules in the section.

The section refers to an important exception in § 4-52. It states that a minor who has reached the age of 15 can enter into an agreement on payment services linked to funds they control under the Guardianship Act (vergemålsloven), and can then personally manage the account. A guardian can open an account in the minor's name without the consent of another guardian, but must say whether there are others. The bank must then inform the other guardian. If the customer has several guardians, they manage the account jointly as a main rule.

The section belongs to the general rules in chapter 3. Notices under the Act may be sent electronically when this is done in a secure manner, cf. § 3-2. The provision is also referred to from § 1-9, which has mandatory application in its title.

Related sections
All sections of the Financial Contracts Act →