§ 4-13. Can the bank withhold or set off against your money?

The first paragraph prohibits the payment service provider from holding back money in an account (right of retention) or deducting its own claim from the balance (set-off). There are two exceptions to this prohibition. The bank can use such measures for claims that have fallen due and arise from the account agreement itself. It can also do so for claims resulting from a criminal act that the customer has committed or taken part in, but not if the bank has taken over the claim from a third party.

The second paragraph protects money that is on its way. The bank cannot withhold or use set-off against funds it has at its disposal to carry out a payment order. The payee may nevertheless agree with its own bank that the payee's fees are deducted from the amount transferred before the rest is credited. In that case, the transaction amount and the fees must be shown separately in the information the payee receives. The third paragraph sets out the consequence when a fee has been deducted in breach of this: the bank of the person who initiated the payment must ensure that the payee receives the full amount.

The fourth paragraph refers to § 4-25 for the correction of incorrect credits. If the bank discovers an incorrect credit or debit, the customer must be informed without undue delay. A bank that has by mistake credited the wrong account or the wrong amount can correct this by deducting the amount from the account again, if this happens by the third business day. This option does not apply if the credit followed a payment order from a third person. If the error is connected with a criminal act on the part of the payee, the bank can always correct it. The fifth paragraph states that the section does not prevent a separate security right in deposits from being established under other rules of law.

§ 4-13 is part of a series of provisions on how payments are actually carried out. § 4-10 allows the bank to reserve an amount only with the payer's (betaler) specific consent, and § 4-11 and § 4-12 deal with timing and crediting. After § 4-13 come § 4-14 and § 4-15 on information to the payer and the payee.

Example: A payee has agreed with its bank that fees are deducted from the amount. The bank must then show the transaction amount and the fee separately. If a fee is deducted without such an agreement, the payer's bank must ensure that the payee receives the full amount.