§ 4-10. Reserving money in your account for card payments

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)

§ 4-10. Consent to reserving an amount in the payer's account

(1) The payer's payment service provider (betalingstjenesteyter) may reserve funds in the payer's account when the following conditions are met:
  1. the payment transaction (betalingstransaksjon) is initiated by or through the payee in connection with a card-based payment transaction
  2. the payer has given consent to the payment transaction, cf. § 4-2
  3. the exact amount to be paid was not known at the time the payer consented to the payment transaction, and
  4. the payer has given specific consent to an exact amount being reserved in the account.
(2) The reserved funds in the payer's account shall be released as soon as the payer's payment service provider receives information about the exact transaction amount, and at the latest immediately after the payment order (betalingsoppdrag) has been received.
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 4-10

What does this mean?

This section is about money being set aside (reserved) in the payer's account before the final amount is known. It applies to card payments where the amount is not final when the payer gives approval. The payer's service provider (tjenesteyter) can reserve funds only when all four conditions are met. The payee must have initiated the payment, directly or indirectly, and it must be a card payment. The payer must have consented to the payment, cf. § 4-2. The exact amount must have been unknown when consent was given, and the payer must also have given specific consent to a particular amount being reserved.

The second subsection sets a deadline for release. The reserved funds must be released as soon as the payer's service provider has learned the exact amount, and at the latest immediately after the payment order has been received. In other words, the reservation must not remain longer than necessary.

§ 4-8 covers a different situation involving card payments. At the request of the card issuer, the account provider (kontotilbyder) must immediately state whether there are sufficient funds, but only if the payer has consented, has initiated the payment and the account is accessible online. § 4-9 lets the payer and the bank agree on spending limits when a payment instrument (betalingsinstrument) is used to give consent. § 4-6 and § 4-7 deal with refusing and cancelling payment orders. § 4-11 sets the deadlines for how quickly the payment must be carried out after the order has been received.

Reservation must not be confused with a right of retention or set-off (motregning). § 4-13 first subsection prohibits the bank from withholding or setting off against the account balance, except for overdue claims under the account agreement (kontoavtale) and claims arising from a criminal act. Reservation under § 4-10 instead requires the payer's specific consent.

Example: A payer approves a card payment to a payee who does not yet know the final amount. The payer has also given specific consent to an amount being set aside. The bank can set aside the amount, but must release it at the latest immediately after the payment order has been received.

Related sections
All sections of the Financial Contracts Act →