§ 4-35. Authorisation to the new bank for account switching

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

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In brief

The text of the law (unofficial translation)

§ 4-35. Authorisation to carry out account switching

(1) The consumer may enter into an agreement on account switching with the receiving payment service provider (betalingstjenesteyter) and give it authorisation to carry out the account switching. The receiving payment service provider shall carry out the account switching once the authorisation from the consumer has been received.
(2) It shall be possible to limit the authorisation so that it covers only some of the tasks under §§ 4-37 and 4-38, and so that it covers only certain incoming payments, standing payment orders (betalingsoppdrag) or direct debit (direktebelastning) mandates.
(3) The consumer shall be able to specify the date from which standing payment orders and direct debits are to be executed from the payment account (betalingskonto) with the receiving payment service provider. The date specified by the consumer cannot be earlier than six business days after the receiving payment service provider has received information in accordance with § 4-37.
(4) The receiving payment service provider shall give the consumer a written document with a copy of the authorisation.
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 4-35

What does this mean?

This section makes it possible for the consumer to leave the actual moving work to the new bank. The consumer agrees on account switching with the new bank (the receiving payment service provider) and authorises it to carry out the switch. The authorisation is the starting signal: As soon as the new bank has received it, it must get started.

The authorisation can be limited. The consumer can let it apply only to some of the tasks that § 4-37 places on the old bank and § 4-38 places on the new one. He can also limit it to certain incoming payments or certain standing orders, so that not everything is moved over at once.

The third subsection gives the consumer control over the timing. He can choose the date from which standing payment orders and direct debits are to be executed from the account at the new bank. The date cannot be sooner than six business days after the new bank has received the information the old bank must send under § 4-37. The fourth subsection requires the new bank to give the consumer a written copy of the authorisation.

This section is one of several steps in a process. Under § 4-36, the new bank must ask the old one to carry out the tasks within two business days after the authorisation came in. The old bank must then, under § 4-37, send the information within five business days. The new bank carries out its tasks within five business days after the information arrived, see § 4-38. The inside of the process is therefore: authorisation, request, information and start on the chosen date.

If the consumer wants to open an account with a bank in another state in the EEA (EØS), § 4-39 applies, with a somewhat different procedure. The framework for the whole scheme is set out in § 4-34, which gives the consumer a clear, quick and secure procedure.

Related sections
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