Key Benefits:
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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) [...]
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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-[...].
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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