Bank statement

A bank statement is a document on which all transactions of a bank account including a resultant balance are evident. A special variant of this is the electronic bank statement, in which the bank statement data are provided, for example, in online banking in file form.

  • 4.1 blackening individual bookings
  • 8.1 Unsolicited sending ( "Forced Account Statement " )
  • 8.2 Costs for old bank statements

Legal bases

The information obligation of credit institutions derives from Article 248 § 8 draft Law, according to which the credit institution shall notify the account holder after execution of an individual payment transaction information details immediately. After that, the credit institutions must establish in particular in the current relationship, and allow the bank customers through the issuance of account statements control over the decisions and decrees facilitate him an overview of the account balance. Notwithstanding Article 248 BGB § 8, the information about the account transactions also take place on a monthly basis (Article 248 § 10 BGB ). This also applies for loan or deposit accounts. In addition to the issue of sales information by a statement of account between the payment service provider and the payer regularly to agree on a current account agreement ( § 355 HGB). Thereafter, in the agreed time intervals by the payment service provider a clearance is made to the end of the quarter and sent to the account holder. With the declaration of acceptance by the customer - who regularly tacitly - comes about a balance acknowledgment.

The holder of a current account to the account-holding financial institution about the information obligations of account activity beyond an extended right to information pursuant to § § 675, § 666 BGB, consequently also for operations over which the credit institution has already informed the customer, unless it to verify the correctness of individual bookings are required. However, the right to information of bank customers has also been limited by the Supreme Court. The customer can not demand quite abusive, comprehensive accounting in terms of a re- exhaustive description of all account transactions.

Types of bank statements

Kontokorrentrechtlich is to distinguish between the daily statement and the accounts are closed. Within the terms and conditions explicitly distinguishes between financial statements and other account statements.

Daily statement

The daily summary is an indicative interim settlement that displays the current sales-related intermediate state of an account in the current account agreement. The daily balance contained herein is to be classified as a post balance, which is determined to facilitate the overview and the calculation of interest. Account statements can be created in exercise daily, weekly, monthly, or in this form. They contain the opening balance, the account turnover and the ending balance for the period. Here, only the shape of the extracts has changed. Instead of the post sent on paper, most banks now offer the daily statements in online banking or bank statement printers. With the issue of a statement of account a novatorische netting in the legal sense is made. This follows in particular from the fact that the daily statement contains no accounting of costs and interest.

The customer calls but no daily statement in this form in a quarter from a paid postal accounts it will be sent to the end of the quarter.

Accounts

In No. 7, Section 1 Conditions of banks accounts have been closed at the end of a calendar quarter is agreed. Only at this point the mutual claims are offset. In the accounts, the interest rates, fees and expenses of the last quarter will be charged in addition to the usual account sales. Bank customers have in No. 7, Section 2 No. 4 Conditions banks and No. 7 Section 3 No. 5 Conditions of savings banks a 4 - or 6- week period for raising objections to statement of account. However, this date is not fully acting deadline. Thus, the account holder of a debit entry contradict indefinitely due to a Direct Debit Direct Debit. A permit may not be seen in the mere silence of a bank statement received by day. In a mere silence on such an extract is no conclusive legal declaration, let alone a permission of account charges. The provision in No. 7, Section 3, Clause 2 Conditions of savings banks, which accounts shall be deemed approved if they are not objected to within four weeks of receipt, resulting in the conclusion of an acknowledgment of the contract. With him the kontokorrentfähigen mutual rights and benefits go under, leaving only the claim to the balance acknowledgment. This effect is not to be confused with a legal transaction approval of all postings to the accounts of the underlying. Debit entries like direct debits, which corresponds to no requirement of the Bank shall be approved by the acknowledgment of debt neither legally nor easily.

By the accounts of credit institutions have the right to cancel erroneous credits.

Content

Credit institutions use primarily for sales and balances the term debit and credit instead of debit or credit. If a customer places a strain, have a credit. A balance in the target ( debit balance ) means an overdraft of the account (see overdraft or overdraft ), an account balance in accordance Have a credit balance. When deposited checks, bills of exchange, direct debits or other collection papers whose credit is usually with the note subject to collection (E. v.). Here, the banks reserve the right at all times chargeback the amounts credited in the event that the papers were not redeemed from their debtors. E. v. Amounts credited only be redeemed by the debtor of the debt collection documents become part of the balance. Checks and direct debits shall expire if the debit entry has not been undone later than the second business day after it was made.

Specifically, the bank statement containing the name of the account holder (possibly also called its address, Account address), account number and sort code ( in Switzerland bank clearing number ), under certain circumstances, Bank Identifier Code (BIC ), account number or International Bank Account Number ( IBAN), date of extract preparation and statement number, name of the bank, beginning and ending balance for the period, individual accounting items with the posting date, value, purpose and amount (divided by debit or credit sales). On the back are found usually general information about the bank statement and the bookings.

Account statements are misleading, if the account balance does not " worth Asked " includes amounts on the value to the position can not be disposed of without load with nominal interest rates, even if the individual turnovers show the different value positions. Therefore the customer must be given the opportunity to recognize the different interest rate effect on balance.

Applying for social security benefits

The applicant is a duty to cooperate in applying for benefits. Therefore, it is permissible to require applicants for an initial application or subsequent application for granting unemployment benefits to submit bank statements for the last three months due to § 60 para 1 of the SGB I, leading to specific questions about the income and wealth situation of those seeking help can be clarified. However, after a ruling by the Federal Social Court, the requirement is limited to 3 months. The Federal Social Court has also specified that is not excessive at first application and further approval of the proof. Thus, it is each person seeking assistance, unemployment benefit II relates, be expected to submit relevant bank statements. A refusal of the bank statements leads to ALG II benefit cuts or denial of service, because the duty to cooperate was § 66 paragraph 1 sentence 1 SGB I failed to comply. This is not to strong regulations and whether and to what extent the service provider may not charge when applying for benefits the bank statements.

Blackening of individual bookings

For smaller money up spending 50 euros and name of the organization, but the text as " membership fee " or "donation" must remain readable, the text can be listed blackened usually.

Examination of bank statements

Although in principle the credit institutions are obliged to provide correct information, but is given the mass of the postings in the cashless payment obligation of the customer to support the Bank in the performance of their duties and to check the account statement for accuracy and completeness. If the customer has no objections to the daily statement, it can not be concluded that it approves the executed by the Bank. Rather, it is the purely factual statement to see that the customer does not object to the reservation. This is only a piece of evidence in any subsequent process dar. However, the customer makes, under certain circumstances due to its negligence defective control of breach of contract damages. If the current accounts continued after the accounts without further notice, an implied acknowledgment is herein by the account holder.

A detailed examination of the merits of the daily statements and accounts enables the customer to object to individual postings. This is not unlimited possible. According to the terms of the account holder to object in writing only six weeks after receipt of the clearance time, the burden of direct debits by direct debit. The information about such a direct debit he gets on the bank statement. This effect is not to be confused with a legal transaction approval of all postings to the accounts of the underlying. Debit entries like direct debits, which corresponds to no demand of the paying agent shall be approved by the acknowledgment of debt neither legally nor easily. Even if the debtor has not objected to several months, the debit entries, is herein no warranty, implied consent.

Balance acknowledgment

The balance acknowledgment is a legal transaction in which one party at the end of a billing period is carried out ( the receivables are netted ) offering and the balance calculated for adoption. After today, the prevailing opinion, the balance acknowledgment is an abstract acknowledgment of debt within the meaning of § 781 BGB. The regular release of the balance also represents a request for completion of an abstract acknowledgment of debt agreement on the notified balance dar. This request is accepted by the other Party by the declaration of recognition of the balance. Since the balance acknowledgment in accordance with § § § 780 BGB, § 350 HGB is not bound form, the consent may also be implied. The Court accepted as an implied acknowledgment about the continuation of the Kontokorrentverkehrs post-settlement or disposal of the assets.

With the completion of this new contract void the previously existing claims by way of novation, and in its place the abstract balance claim, which is HGB bear interest based on express arrangement of § 355 paragraph 1. He is both transferable, pledged and subject to attachment.

Retention requirements

The storage obligation is part of the tax and commercial law, accounting and record keeping. Commercial law, § 257 HGB, tax law § 147 AO. Consequently, one who is obligated under control or commercial right to drive books and records, also obliged to keep bank statements.

A general statutory retention requirement of bank statements is not available for individuals. However, bank documents such as check deposits, wire transfers, direct debits and bank statements serve as proof of payment. Since 1 January 2002, documents can be used four years as evidence (eg rent) for regular payments to be made ​​over an extended period of time. For one-time payments, a period of two years. Missing after these periods still a voucher, this can be requested from the bank. However, the relevant documents, credit institutions need only ten years to archive ( § 257 HGB ). Private individuals have to consider since 31 July 2004, a two year retention requirement if they are clients of contractor costs related to owner-occupied property or for their own occupation rented property under § 14b para 1 sentence 5 of the VAT Act. Then she meets the requirement, invoices, two years keep proof of payment or any other substantiating documents if it is a commercial activity. Owner subject to a ten-year retention period.

Although the legal statute of limitations (§ § 194 ff BGB ) can not be directly used as standards for the retention periods of private documents. Rather, the documents on the grounds of burden of proof and evidence are generally kept as long as the risk that claims arising from the legal relationship can be asserted. However, in order to be able to lead easier later proof on payment basis, their amount or time of payment for everyday transactions, account statements should be kept for three years, because after this period everyday business is time-barred as a rule and can make no more enforceable claims.

Court decisions

Unsolicited sending ( "Forced Account Statement " )

The District Court of Frankfurt / Main, said the fees demand a bank, the burden of fees amounting make 1.94 € for delivery of the so-called coercive statements. However, according to Consumer ( vzbv ) the judgment has no direct impact on customers of other banks.

Cost of old bank statements

The Bundesgerichtshof ( BGH) ruled in December 2013 that Commerzbank may not charge a fee in the amount of 15 euros for bank statements, which are not older than six months. The Consumer Federation had complained against Commerzbank, since the charge in his view, are too high. The actual cost of this service are significantly lower.

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