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Third Amendment To Decree-Law No. 27-C/2000, Of 10 March, Thirty-Sixth Amendment To The General Scheme Of Credit Institutions And Financial Corporations, Approved By Decree-Law No. 298/92 Of 31 December, Fifth Amendment To Decree-Law No. 4

Original Language Title: Terceira alteração ao Decreto-Lei n.º 27-C/2000, de 10 de março, trigésima sexta alteração ao Regime Geral das Instituições de Crédito e Sociedades Financeiras, aprovado pelo Decreto-Lei n.º 298/92, de 31 de dezembro, quinta alteração ao Decreto-Lei n.º 4

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BILL OF LAW NO. 826 /XII/4.

SIMPLIFICATION AND STANDARDIZATION OF THE COMMISSIONING OF ACCOUNTS OF

DEPOSIT TO ORDER

(AMEND THE DECREE-LAW NO. 27-C/2000 OF March 10, THE DECREE-LAW NO. 298/92, OF 31

FROM DECEMBER AND THE DECREE-LAW No. 454/91, OF December 28)

Exhibition of Motives

Taking into attention the concerns and challenges that various entities, whose activity if

develops around the defence of consumers, they have done together with the Assembly of the Republic,

being a recurring theme to little transparency felt by banking customers as to the

collection of maintenance commissions from the deposit accounts to the order by the Institutions

Financial and taking into account the recommendations of the Bank of Portugal in its circular letter n.

24 /2014/DSC.

Taking into account that the European Commission, in the Recommendation of July 18, 2011, concerning

to access to a basic bank account, considered that access to payment services

in the Union was essential for consumers could fully benefit from the market

single, as well as for the proper functioning of this. In that sense, the Recommendation

determined that the Member States should guarantee to any consumer with a residence

legal in the Union the right to open and move a base bank account together with a

payment service provider that exerts activity on its territory.

It is intended, thus, through this Law Project, to simplify and standardize the commissioning

of the deposit accounts to the order, making the collection of the same much more transparent and

competitive.

In these terms, under the applicable constitutional and regimental provisions, the

Undersigned deputies from the PSD and CDS/PP Parliamentary Groups present the

next Law Project:

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Article 1.

Object

1. The present law changes:

a) The system of access to the minimum banking services, approved by the Decree-Law

n 27-C/2000 of March 10, generalizing the provision of the services

bank minimums by Credit Institutions that accept bank deposits

retail, and repealing the restrictions on access to the minimum banking services;

b) The General Regime of Credit Institutions and Financial Societies, approved

by Decree-Law No. 298/92 of December 31, by instituting the obligation to send,

by Credit Institutions, from a bill-receipt discriminating against all

commissions and expenses associated with the deposit account to the order supported in the year

previous civil;

c) The standards relating to the use of the cheque, approved by the Decree-Law No. 454/91, of

December 28, assigning to the sacker all expenses associated with the return

of the check.

2. The present law still sets out the requirements to which it must obey the collection of

commissions and other expenses by the credit institutions, due to the provision of

services to customers.

Article 2.

Amendment to Decree-Law No 27-C/2000 of March 10

Articles 1, 2, 4, 4.-A, 4.-B, 4.-C, 5.-D, 7, 7 and 7.-A of the Decree-Law No 27-C/2000,

of March 10, as amended by Law No. 19/2011 of May 20, and by the Decree-Law No. 225/2012, of

October 17, go on to have the following essay:

" Article 1.

[...]

1-The system of access, by natural persons, is instituted to the minimum services

banking, in the terms and conditions of this diploma, to be concluded with the institutions of

credit.

2-[...].

3-[...].

3

Article 2.

[...]

1-Natural persons may access the minimum banking services provided for in the

(a) of paragraph 2 of the preceding Article, through the opening of a service account

bank minimums in credit institution at your choice or, in cases where already

are holders of a deposit account to the order, from the conversion of that account into account

of minimum banking services, under the terms and conditions provided for in this diploma.

2-[...].

3-Credit institutions use, for the purpose of opening account of services

bank minimums and deposit account conversion to the order in account of services

minimum banking, contractual and printed documents that make express allusion to the

its purpose, upon inclusion, in place of prominence, of the expression " Services

bank minimums ", and of them giving copy to the account holder.

Article 4.

[...]

1-A opening of bank minimum services account with credit institution

depends on whether the natural person is not the holder of deposit account to the order,

the conclusion of the respective contract of deposit to the order being necessary.

2-Without prejudice to the provision of paragraph 1, may the natural person be the holder of another account of

deposit access to the minimum banking services provided that the first holder is a

natural person who is more than 65 years old or dependent on third parties.

3-A natural person of minimum banking services shall declare in the print of

opening of account, or in document to them attachment, which is not holder of another account of

deposit to the order and which authorizes the credit institution to confirm, through the

respects fiscal number, together with the managing entities of the operating systems

of credit and debit cards, the non-existence of any card of that nature in

name of the declarant.

4-Credit institutions, in advance of the declaration referred to in the preceding paragraph,

provide information to the person concerned by communication on paper or support

lasting on:

a) [...]

b) [...]

c) [...]

d) [...]

4

5-In addition to the situations provided for in the law and the regulations in force, the institutions

of credit can only refuse the opening of bank minimum services account

if:

a) At the date of the application for account opening, the person concerned is a holder of one or more

deposit accounts to the order in credit institution;

b) The person concerned shall refuse the issuance of the declaration provided for in paragraph 3;

c) The managing entities of the operating systems of credit cards and

debit, in the context of the consultation provided for in paragraph 3, shall confirm the existence of

debit or credit card on behalf of the person concerned.

6-In case of refusal of the opening of an account of minimum banking services, the

credit institutions immediately inform the person concerned, upon communication

on paper or in another lasting support, and in a gratuit-free manner, on the grounds that

justified that refusal.

7-It is expressly vetted to the credit institutions:

a) [...]

b) [...]

Article 4-A

[...]

1-Access to the minimum banking services through the conversion of deposit account to the

order already existing in the account of minimum banking services depends on the request of the

first holder, and may come to fruition through:

a) From the closure of the account of deposits to the order domiciled in another

credit institution and opening of bank minimum services account together

of a credit institution, upon celebration of the respecting contract of

deposit to the order; or

b) From the direct conversion of the deposit account to the order in the account of services

bank minimums, upon the conclusion of addition to the contract of

deposit to the existing order.

2-A conversion of deposit account to the order in account of minimum banking services

it cannot entail costs for the titular respects.

3-[...].

Article 4-B

[...]

1-[...].

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2-When you are asked to contimination of bank minimum services account, be

at the time of opening or the conversion of account, whether at a later time, the

credit institution can legitimately refuse account opening, its

conversion or the addition of new holders if one of the natural persons who

has requested the contitiarity not to gather the requirements set out in Article 4.

Article 4-C

[...]

1-Credit institutions make the services available elenced in paragraph 2 (a) of the

article 1 para.

2-In the provision of minimum banking services, credit institutions observe the

legal and regulatory conditions established, particularly in respect of

information duties, and to respect the same standards of quality and efficiency as

are required for the provision of the banking services in question to natural persons

that are not covered by this system.

3-Credit institutions may not assign to the services provided under the

present diploma specific characteristics that result in conditions more

restrictive for their use than those existing in the same services when

provided outside the scope of this diploma.

4-[...].

Article 4-D

[...]

Credit institutions may not offer, explain or implicitly, any

discovered facilities associated with the accounts of minimum banking services, nor

allow for credit overtaking in bank minimum service accounts.

Article 5.

[...]

1-Credit institutions may resolve the deposit contract after they have elapsed,

at least one year after the opening or conversion of deposit account to the order in

account of minimum banking services, if, in the previous six months, that account

present an annual average balance of less than 5% of the minimum monthly remuneration

guaranteed and no bank operations have been carried out in that same

period of time.

2-[...].

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3-In case they exercise the right conferred by the provisions of paragraph 1 the institutions credit are

obliged to proceed to the return of the balance deposited in the minimum services account

banking to the holders ' respective respects, and may not require them to pay any

commissions, expenses or other charges.

4-Credit institutions may also resolve the deposit contract concluded

or amended under this diploma if, during the duration of the duration, they check that the

first holder of the bank minimum services account has another account of

deposit to the order in credit institution.

5-Should the situation described in the preceding paragraph occur, credit institutions may

require from the holder of the bank minimum services account, if there is a place, the

payment of the commissions and expenses customarily associated with the provision of the

services however made available in accordance with paragraph 2 (a) of Article 1 (2)

6-Credit institutions notify the holder of the bank minimum services account of the

resolution of the deposit contract on the grounds of the situation provided for in paragraph 4 and,

being the case, of the requirement for payment of the commissions and expenses referred to in the

previous number, with at least 30 days in advance from the scheduled date

for resolution, by communication on paper or in another lasting support.

Article 7.

Adherence to the system

[Revoked]

Article 7-A

[...]

1-[Revoked]

2-Credit institutions must still:

a) [...]

b) [...]

3-[...]. "

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Article 3.

Requirements for the collection of commissions or other charges

The collection of commissions by credit institutions has to correspond to a service

effectively provided.

Article 4.

Amendment to Decree-Law No 298/92 of December 31

Article 77 of the General Regime of Credit Institutions and Financial Societies, approved

by Decree-Law No. 298/92 of December 31, passes to have the following essay:

" Article 77.

[...]

1. [...].

2. [...].

3. [...].

4. [...].

5. [...].

6. [...].

7. [...].

8. Credit Institutions are required to submit annually, in the month of January,

a bill-receipt discriminating against all commissions and expenses associated with the account of

deposit to the order supported in the previous calendar year, to its titular respect. "

Article 5.

Amendment to Decree-Law No 454/91 of December 28

Article 1-A of the Decree-Law No. 454/91 of December 28, amended by the Decrees-Law n.

316/97, of November 19, 323/2001, of December 17, and 83/2003, of April 24, and by

Law No 48/2005 of August 29, passes the following essay:

" Article 1.-The [...]

1-[...].

8

2-[...].

3-[...].

4-All expenses associated with the return of the cheque constitute an exclusive charge of the

sacker. "

Article 6.

Entry into force

This diploma comes into force 90 days after its publication.

Palace of Saint Benedict, March 13, 2015

The Deputies of the Parliamentary Groups of the PSD and the CDS-PP,

Louis Montenegro Nuno Magalhães

Duarte Pacheco Cecilia Meireles

Carlos Santos Silva Vera Rodrigues

Elsa Cordeiro