§ 4-1. Right to a payment account and payment services

This section gives customers a right to payment services and sets limits on when the bank can say no. The main rule in the first subsection is that the payment service provider (a bank or similar) cannot refuse without objective grounds, and that the services must be provided on ordinary terms. If the customer is a consumer, the bank cannot make it a condition for a payment account that the customer also buys other products or services. If the customer has several payment accounts at the same bank, it is enough that one of them is available without such tie-ins.

The third subsection lists when the bank can refuse. This applies to services outside the EEA and to customers who are neither resident nor registered in the EEA. It also applies when the customer or the bank does not meet the requirements of the Anti-Money Laundering Act, and when a law or rules issued pursuant to law require the customer to be rejected. Under the fourth subsection, the bank can ask the customer to obtain information about themselves that is necessary to enter into the agreement.

The fifth subsection gives consumers a deadline for an answer: a request for a payment account must be decided within ten business days after the bank has received the information it needs. Refusals and complaints follow the complaint rules in § 3-53. Under that section, the service provider (tjenesteyteren) must have effective procedures for handling complaints, respond to complaints in writing, and send a preliminary response if the complaint has not been answered within 15 business days. If the service provider refuses a request for a financial product or service, the customer must immediately be informed in writing of the refusal and the reasons for it, and of the right to complain.

This provision is the first section in the chapter on account agreements (kontoavtaler) and payment services. The neighbouring provisions deal with what happens once the agreement is in place: § 4-2 on consent to a payment transaction (betalingstransaksjon), § 4-3 on direct debit (direktebelastning) authorisation, § 4-4 on standing payment orders (betalingsoppdrag), and § 4-5 to § 4-7 on receipt, rejection and cancellation of payment orders. § 7-1 has the heading Penalties and also refers to this section.

Example: a consumer asks a bank for a payment account. The bank replies that the account can only be opened if the consumer also signs up for another service. This is not allowed when it comes to a payment account for a consumer. The bank must decide the request within ten business days after it has received the necessary information.