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Apply for administrative proceedings in the event of rejection of a basic account

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6Plus)

Service Description

You do not have a current account and your application to open a basic account has been rejected, for example by a bank or savings bank? Then you can apply for administrative proceedings against the institution that rejected your application.

You have the option of applying to the Federal Financial Supervisory Authority (BaFin) for administrative proceedings against a payment service provider such as a bank or savings bank if

  • they reject your application to conclude a basic account agreement or
  • the decision on your account opening application or the conclusion of the basic account opening is delayed by more than 10 business days.

A payment service provider may only reject your application for a basic account if

  • you already have and can use a current account (technical term: payment account) with another company in Germany,
  • you have not sufficiently legitimized yourself,
  • you have been convicted of an intentional criminal offense within the last 3 years against
    • the payment service provider,
    • one of its employees,
    • one of its customers has been convicted,
  • you already had a basic account with the same payment service provider and the payment service provider terminated your basic account contract within the last year before submitting the application because you were in default of payment or you used your account for prohibited purposes, or

provisions for the prevention of money laundering and terrorist financing require the bank to refuse to open the account.

With your application for an administrative procedure, BaFin checks whether the payment service provider has rightly rejected your application for a basic account.

If the payment service provider wrongly refuses to open a basic account, BaFin will order the payment service provider to open your basic account.

Note: Once you have submitted your application for a basic account, the payment service provider must offer you the conclusion of a basic account agreement within 10 business days or notify you in writing of a rejection of the application within the same period.


Process flow

You can apply to BaFin for an administrative procedure if an application to conclude a basic account agreement with a payment service provider is rejected.

  • You can download an application form for this purpose from the BaFin website.
  • Please complete this application in full.
    • Note: You must provide a residential address on the application form. If you do not have a residential address, e.g. if you are homeless, provide a postal address.
  • Send the signed application with the required documents to the address stated on the form.
  • BaFin will confirm receipt of the application in writing. It will then check whether you meet the requirements for concluding a basic account agreement.
  • If a payment service provider has unjustifiably rejected your application, BaFin will order the opening of a basic account. You will receive written confirmation that the procedure has been completed.
  • If your application is rejected by BaFin, you can lodge an appeal so that the decision can be reviewed again. The payment service provider can also lodge an appeal if BaFin orders that a basic account must be opened for you.
Who should I contact?

Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)
Referat ZR3
Graurheindorfer Str. 108
53117 Bonn

Postfach 1253
53002 Bonn

Email: schlichtungsstelle@bafin.de
Fax +49 2284108-62299
Tel. +49 2284108-0


BaFin consumer line:
Tel. +49 8002100500

Accessibility
Sign language telephone via ISDN: +49 228998080838
Sign language telephone via IP: gebaerdentelefon.bafin@sip.bafin.buergerservice-bund.de
Fax +49 2284108-7774
Email: bafin.deaf@buergerservice.bund.de
Office hours:
Monday to Friday from 8.00 a.m. to 6.00 p.m.

Competent authority

Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)
Referat ZR3
Graurheindorfer Str. 108
53117 Bonn

Postfach 1253
53002 Bonn

Tel. +49 2284108-0
Fax +49 2284108-62299
Email: poststelle@bafin.de

Requirements

One of the following conditions must be met:

  • A payment service provider has rejected your application to conclude a basic account agreement.
  • A payment service provider has not decided on your application to conclude a basic account agreement within 10 business days of receiving it.
  • A payment service provider has not opened your basic account within 10 business days of concluding a basic account agreement.
Which documents are required?
  • Request for an administrative procedure to be carried out if an application to conclude a basic account agreement is rejected
  • Application to conclude a basic account agreement from the relevant payment service provider
  • Declaration of refusal from the payment service provider (letter of refusal of your application)
What are the fees?

There are no costs.

What deadlines do I have to pay attention to?

There is no deadline.

Processing duration
  • Depends on the number of applications

Processing time: 1 Month

Legal basis
Appeal
  • Appeal
    Detailed information on how to lodge an objection can be found in the notification of your application.
  • Civil action
Applications / forms
  • Forms: Yes
  • Can I do it online? No
  • Do I need to do it in writing? Yes
  • Do I need to attend in person? No
What else should I know?

Please note the following:

Only consumers can apply to the Federal Financial Supervisory Authority (BaFin) for administrative proceedings to be carried out.

Furthermore, the administrative procedure is only possible if the consumer has previously submitted an application for a basic account in accordance with Section 33 ZKG to a bank and this application was rejected or not processed.

However, it is not possible to apply for an administrative procedure if the applicant has applied for a normal current account and this has been rejected by the bank.

Weiterführende Informationen
Author
Weiterleitungsdienst: Deep-Link zum Ursprungsportal

Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)

Teaser

You do not have a current account and your application to open a basic account has been rejected, for example by a bank or savings bank? Then you can apply for administrative proceedings against the institution that rejected your application.

Process flow

You can apply to BaFin for an administrative procedure if an application to conclude a basic account agreement with a payment service provider is rejected.

  • You can download an application form for this purpose from the BaFin website.
  • Please complete this application in full.
    • Note: You must provide a residential address on the application form. If you do not have a residential address, e.g. if you are homeless, provide a postal address.
  • Send the signed application with the required documents to the address stated on the form.
  • BaFin will confirm receipt of the application in writing. It will then check whether you meet the requirements for concluding a basic account agreement.
  • If a payment service provider has unjustifiably rejected your application, BaFin will order the opening of a basic account. You will receive written confirmation that the procedure has been completed.
  • If your application is rejected by BaFin, you can lodge an appeal so that the decision can be reviewed again. The payment service provider can also lodge an appeal if BaFin orders that a basic account must be opened for you.

Who should I contact?

Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)
Referat ZR3
Graurheindorfer Str. 108
53117 Bonn

Postfach 1253
53002 Bonn

Email: schlichtungsstelle@bafin.de
Fax +49 2284108-62299
Tel. +49 2284108-0


BaFin consumer line:
Tel. +49 8002100500

Accessibility
Sign language telephone via ISDN: +49 228998080838
Sign language telephone via IP: gebaerdentelefon.bafin@sip.bafin.buergerservice-bund.de
Fax +49 2284108-7774
Email: bafin.deaf@buergerservice.bund.de
Office hours:
Monday to Friday from 8.00 a.m. to 6.00 p.m.

Competent authority

Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)
Referat ZR3
Graurheindorfer Str. 108
53117 Bonn

Postfach 1253
53002 Bonn

Tel. +49 2284108-0
Fax +49 2284108-62299
Email: poststelle@bafin.de

Requirements

One of the following conditions must be met:

  • A payment service provider has rejected your application to conclude a basic account agreement.
  • A payment service provider has not decided on your application to conclude a basic account agreement within 10 business days of receiving it.
  • A payment service provider has not opened your basic account within 10 business days of concluding a basic account agreement.

Which documents are required?

  • Request for an administrative procedure to be carried out if an application to conclude a basic account agreement is rejected
  • Application to conclude a basic account agreement from the relevant payment service provider
  • Declaration of refusal from the payment service provider (letter of refusal of your application)

What are the fees?

There are no costs.

What deadlines do I have to pay attention to?

There is no deadline.

Processing duration

  • Depends on the number of applications

Processing time: 1 Month

Legal basis

Appeal

  • Appeal
    Detailed information on how to lodge an objection can be found in the notification of your application.
  • Civil action

Applications / forms

  • Forms: Yes
  • Can I do it online? No
  • Do I need to do it in writing? Yes
  • Do I need to attend in person? No

What else should I know?

Please note the following:

Only consumers can apply to the Federal Financial Supervisory Authority (BaFin) for administrative proceedings to be carried out.

Furthermore, the administrative procedure is only possible if the consumer has previously submitted an application for a basic account in accordance with Section 33 ZKG to a bank and this application was rejected or not processed.

However, it is not possible to apply for an administrative procedure if the applicant has applied for a normal current account and this has been rejected by the bank.

Weiterführende Informationen

Author

Weiterleitungsdienst: Deep-Link zum Ursprungsportal

Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)

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