§ 4-21. What the bank can and cannot charge for

This section sets limits on what the bank can charge for. The first paragraph is the main rule: no claim for fees or other payment beyond what has been agreed with the customer. The second paragraph concerns ongoing fees: they can only be charged for the period up to the time of notice of termination.

The third paragraph lists situations where the payment service provider cannot charge a fee. This applies to providing a draft account agreement, and to the customer's notice of termination of an account agreement that runs for an indefinite period or for more than six months, when the notice comes after six months have passed. The exception is agreements on a lock-in period under § 4-44, where the funds are tied up for a fixed period in accounts other than payment accounts (betalingskontoer). Nor can the bank charge a fee for receiving a notification from the customer under § 4-23 second paragraph, for example in the event of loss or theft, but it can claim direct costs of replacing the payment instrument. Finally, no fee can be charged for notification that a service or an order is refused, unless otherwise agreed, the refusal is not due to the service provider and it is objectively justified, cf. § 4-6.

The background is § 3-1 fifth paragraph: the service provider cannot charge separately for fulfilling duties to provide information or notifications under the Act. If agreed, however, reasonable fees corresponding to actual costs may be charged for additional or more frequent information, or for information being provided in a different way. § 3-25 letter a gives the customer the right to receive a draft agreement without obligation. § 4-44 states that the consumer's (forbruker) notice period for an account with a lock-in period cannot exceed three months, and the agreement can give the bank the right to compensation for loss or a standardised fee on termination during the lock-in period.

The annual statement in § 4-20 shows which fees have been incurred, and § 4-22 prevents fees for overdraft (overtrekk) when the customer has acted with due care and in good faith.

Example: The customer terminates an account agreement for an indefinite period after more than six months. The payment service provider cannot charge a fee for the termination. If the customer has an ongoing fee, it can only be charged up to the time of notice of termination.