§ 4-12. Interest calculation and when the money must be available in the account

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

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Brief summary

The text of the law (unofficial translation)

§ 4-12. Time of interest calculation, crediting and debiting of account

(1) The value date for interest calculation when the customer's (kunde) account is credited shall be no later than the day the amount is credited to the account. The value date for interest calculation when the customer's account is debited shall be no earlier than the day the amount is debited from the account.
(2) After the amount has been credited to the payee's (betalingsmottaker) payment service provider (betalingstjenesteyter) in accordance with § 4-11, that payment service provider shall immediately credit the amount and make it available in the payee's account, unless a currency conversion must be carried out at the payee's payment service provider involving a currency that is not the currency of an EEA (EØS) state. For payment transactions (betalingstransaksjon) within one and the same payment service provider, the first sentence applies correspondingly immediately after the payer's (betaler) account has been debited. If the payee does not have an account with the payment service provider, the amount shall be made available to the payee on the same business day.
(3) When a consumer makes a cash deposit in the same currency as that in which an account is held, the payment service provider shall, immediately after the cash has been received, credit the amount and make it available in the account. When a cash deposit is made by someone who is not a consumer, the amount shall be credited and made available in the account no later than the following business day. In both cases, the value date for interest calculation on the amount shall be the same day as the amount is credited to the account.
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 4-12

What does this mean?

The first subsection sets limits on which date interest is calculated from. On crediting, interest calculation must not start later than the day the amount arrives in the account. On debiting, it must not start earlier than the day the amount is withdrawn.

The second subsection says how quickly the recipient's service provider (tjenesteyter) must make the money available. Once the amount has been credited to the recipient's service provider within the deadlines in § 4-11, the service provider must immediately credit the account and make the amount available. The exception is when a currency conversion must be carried out at the recipient's service provider, in a currency that is not the currency of an EEA state. If the payment takes place within the same service provider, the amount must be made available immediately after the payer's account has been debited. If the recipient does not have an account with the service provider, the amount must be made available on the same business day.

The third subsection deals with cash deposits. Consumers who deposit cash in the same currency as the account is held in must have the amount credited and available immediately after the cash has been received. If the depositor is not a consumer, crediting may wait until the next business day at the latest. In both cases, interest is calculated from the same day as the amount is credited to the account.

The section builds on § 4-11, which sets the deadlines for how quickly the amount must be credited to the recipient's service provider: the same business day for domestic payments in kroner and longer for other payments, with an extension of one business day for a paper-based payment instrument (betalingsinstrument). § 4-12 takes over once the money has arrived, and determines how quickly it must be available to the recipient. § 4-15 gives the payer the right, on request, to be told how long a payment may take. § 4-13 first subsection prohibits the bank from withholding or applying set-off (motregning) against funds in the account, with two exceptions.

Example: A customer who is a consumer deposits cash in the same currency as the account. The bank must credit the amount and make it available immediately. Interest is calculated from the same day. If a business deposits cash, crediting may wait until the next business day, but interest is calculated from the day the amount is credited.

Related sections
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