§ 4-3. Authorising a payee to withdraw money from your account (direct debit)

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

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In brief

The text of the law (unofficial translation)

§ 4-3. Direct debit authorisation

(1) The payer may authorise a payee to initiate a series of direct debits (direktebelastninger) on the payer's account (direct debit authorisation).
(2) The authorisation shall be given in a written document. The authorisation shall clearly and unambiguously state
  1. the payee
  2. the account that may be debited
  3. the amount limit for the total debits
  4. the times or the time period to which the amount limit applies
  5. the payer's consent to the payment transactions (betalingstransaksjoner) that are to be carried out in accordance with letters a to d.
(3) The payer shall notify their payment service provider (betalingstjenesteyter) in writing of a direct debit authorisation under the first and second paragraphs. Before each direct debit, the payer's payment service provider shall check that written notice of the authorisation has been received from the payer, and that the account is debited in accordance with the authorisation.
(4) The payer may at any time withdraw consent to transactions that have not been initiated, or make other changes to the authorisation. The payer shall notify their payment service provider of the withdrawal or the changes by written notice or in the agreed manner. The payment service provider shall ensure that debits cease or that the changes are implemented in accordance with the notice no later than the business day after the notice was received.
(5) The first to fourth paragraphs apply only insofar as nothing else follows from rules in Regulation (EU) No 2018/389 on strong customer authentication (sterk kundeautentisering) or rules referred to in § 1-11 first paragraph letter b in the case of direct debits in euro.
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 4-3

What does this mean?

This section allows the payer to authorise a payee to withdraw money from the payer's account repeatedly. Such withdrawals are called direct debits, and the authorisation is called a direct debit authorisation. The authorisation must be in writing. It must clearly state who the payee is and which account may be debited. It must also have an amount limit for how much can be withdrawn in total, and state the time period the limit applies to. Finally, it must contain the payer's consent to the withdrawals.

The payer must notify their own bank in writing about the authorisation. The bank has a duty to check: before each direct debit, it must check that the notice of the authorisation has been received, and that the debit stays within what the authorisation allows. In other words, a payee cannot withdraw money unless the bank has first been told about the agreement.

The payer can at any time withdraw consent for transactions that have not yet been initiated, or change other parts of the authorisation. The change or withdrawal is notified in writing or in the agreed manner. The bank must ensure that the debits stop, or that the changes take effect, no later than the business day after the notice arrived. Example: a payer wants to stop the withdrawals to a payee and notifies the bank; the bank must then ensure that the withdrawals stop no later than the business day after it received the message.

The fifth paragraph makes an exception for EU rules on strong customer authentication (an extra, secure identification of the customer) and for rules on euro direct debits. The latter are part of Norwegian law through the EEA (EØS) Agreement. Where such rules go further, they take precedence over the first to fourth paragraphs.

The section builds on the consent rule in § 4-2: A payment is authorised only if the payer has consented. A standing payment order (betalingsoppdrag) in § 4-4 must state the same kind of information. The bank's duty to carry out authorised orders is set out in § 4-6, and the right to cancel a payment order is set out in § 4-7. Amount limits for payment instruments (betalingsinstrumenter), which are something other than the amount limit in the authorisation, are set out in § 4-9.

Related sections
All sections of the Financial Contracts Act →