§ 4-8. A card issuer can ask whether there are funds in the account

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

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Summary

The text of the law (unofficial translation)

§ 4-8. Confirmation of the availability of funds in the payer's payment account

(1) The account provider (kontotilbyder) shall, upon request from the issuer of a card-based payment instrument (betalingsinstrument), immediately confirm whether funds are available to execute a payment transaction (betalingstransaksjon) linked to the payment instrument. However, the first sentence applies only if
  1. the payer (betaler) has given consent to the account provider providing this information,
  2. the payer has initiated the card-based payment transaction for the amount in question and has given consent to the issuer of the card-based payment instrument requesting this information from the account provider, and
  3. the payment account (betalingskonto) is accessible online at the time of the request.
(2) The account provider's answer as to whether the transaction is covered by funds in the account shall be a simple "yes" or "no". At the request of the payer, the account provider shall inform the payer of the identity of the issuer and of the answer given by the account provider.
(3) The issuer shall authenticate itself to the account provider before each request for information under the first paragraph and shall communicate securely with the account provider.
(4) The first to third paragraphs do not apply to card-based payment instruments that are e-money. Nor do the rules provide a basis for reserving funds in the payment account.
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 4-8

What does this mean?

This section concerns a service where a card issuer (the party that has issued a card-based payment instrument) asks the account provider, meaning the bank that holds the account, whether there are funds available for a payment. The bank must then answer immediately.

Three conditions must be met. You, as the payer, must have consented to the bank providing such information. You must have initiated the card payment for the amount in question and consented to the card issuer making the request. And the account must be accessible online when the request comes in. Example: the payer uses a card to make a payment, and the card issuer asks the bank for confirmation. If the three conditions are met, the bank answers yes or no.

You can ask the bank to tell you who made the request and what answer the bank gave. The card issuer must authenticate itself to the bank before each request and use secure communication. The rules do not apply to card-based payment instruments that are e-money. Nor do they provide a basis for reserving amounts in the payment account.

Reserving amounts is regulated separately in § 4-10, which requires, among other things, that the payer has given specific consent to an exact amount being set aside. § 4-9 allows you and the bank to agree on spending limits for payment instruments. § 4-7 concerns cancellation, and § 4-11 and § 4-12 concern execution time and crediting.

Related sections
All sections of the Financial Contracts Act →