S.L. 376.8 Art. 19Eligibility criteria.

(1) Consumers legally resident in Malta or in another

Member State shall be eligible to open and use a payment account with basic features.

(2) Such a right to open and use a payment account with basic features as indicated in sub-regulation (1) shall apply irrespective of the consumer’s place of residence.

(3) For the purposes of sub-regulation (1), consumers legally resident in Malta or in another Member State shall include:

(a) consumers with no fixed address;

(b) persons who may be granted any status as promulgated under the International Protection Act or any other national legislation, where such persons may include refugees, beneficiaries of subsidiary protection and, or beneficiaries of other forms of humanitarian or international protection, stateless persons, asylum seekers and failed or rejected asylum seekers;

(c) consumers who have not been granted a residence permit but whose expulsion is impossible for legal or factual reasons; and

(d) consumers whose status is not covered under paragraphs (a) to (c) but whose expulsion is impossible for legal or factual reasons.

(3A) Credit institutions may, in full respect of the fundamental freedoms guaranteed by the Treaties , require consumers who wish to open a payment account with basic features, to show a genuine interest in doing so.

(4) Credit institutions that offer payment accounts with basic features may refuse an application for such an account where a consumer already holds a payment account with any credit institution located in Malta, and where that account has at least the features set out in regulation 25(1):

Provided that where a consumer declares that the credit institution with which the payment account is held has given notice in writing that the payment account will be closed.

(4A) Credit institutions shall not refuse to open a payment account with basic features on the basis of the consumers’ financial circumstances, including their employment status, level of income, credit history or personal bankruptcy.

(5) Before opening a payment account with basic features, a credit institution may verify whether the consumer holds or does not hold, with a credit institution located in Malta, a payment account which has at least the features set out in regulation 25(1). A credit institution may otherwise choose to rely on and accept a declaration of honour signed by the consumer for that purpose.

(6) Notwithstanding the provisions of the the Professional

Secrecy Act, article 34 of the Banking Act and any other relevant provisions contained in any other Maltese Law, credit institutions in Malta may, subject to the express written consent of the consumer to this effect, exchange information with other credit institutions which is reasonably required for the purpose of verifying the information provided in terms of sub-regulation (5).

(7) Credit institutions shall not introduce or implement any policies or procedures which may directly or indirectly impose any unnecessary, difficult, or burdensome restrictions or processes to dissuade the consumer from exercising such rights as they arise under this regulation.