Account Fund
Under account funds ( english cover of the account you) sees in the economy - particularly in the banking sector - sufficient bank balance or sufficient credit lines in case occurring account charges .
General
In payment transactions , debit accounts are all postings that increase the debit balance on a current account or reduce an existing credit balance or convert it into a debit balance. This includes direct debits (from cash payments , bank transfers , electronic cash , SEPA direct debits ), checks and bills of exchange or bank charges . When debits occur, the account-holding bank makes a disposition through which it is checked whether a payment order is madethere is sufficient coverage or not.
Coverage check
The account coverage results from the amount comparison between the account debit to be made and the current balance , taking into account any free credit lines. There is sufficient funds in the account if the credit balance is at least equal to the debit or if there is still enough space between the credit / debit balance and the higher free credit line for the debit without overdrafts occurring . In the case of cash withdrawals at the ATM , it should be noted that the ATM does not check any funds in the account, as it only checks the identity of the user and the plausibility of the user data .
Legal issues
The account holder is obliged to always manage his account in such a way that it can be debited at any time with sufficient funds in the account. Conversely, this results from Section 675o Paragraph 1 BGB , according to which credit institutions are entitled to refuse a payment transaction ; this also includes rejection due to insufficient funds in the account. The requirement of sufficient account coverage also results from Section 2.4.1 Paragraph 2 of the SEPA core direct debit procedure or SEPA business-to-business direct debit procedure when redeeming direct debits. The management of the account and the proper posting of debits and credits also fall within the scope of duties of the bank. The latter is responsible for the account management and therefore also the risk that the debt exists and the performance does not exceed the claim. The bank must notify the customer of non-executed standing orders due to insufficient funds in the account. No bank fee may be charged for the rejection of payment orders .
Anyone who pays with a girocard or electronic cash in the “3-partner system” to the recipient ( merchant , seller ) makes use of the payment guarantee of the issuing bank to the seller, even if the cardholder's account knowingly does not have sufficient funds; the perpetrator can make himself liable to prosecution according to § 266b Abs. 1 StGB . When creating this fact, the legislature had in mind the case that the credit card holder buys goods and services using the card and the associated guarantee function , although he knows that the bank has to pay his bills, but he does will not be able to refund. The check card is above all misused "if the perpetrator surrenders a check whose cashing is guaranteed by his bank, but for which there is no cover or insufficient credit on his account". Since January 2002 there are no credit cards in this type of use and the associated guarantee function. They have been replaced by Maestro cards ( debit cards ), some of which still bear the EC logo. The Maestro card is not a credit card within the meaning of Section 266b StGB, but the process is similar to paying with one, so that criminal liability appears appropriate here. According to the “Conditions for ec service”, the seller's institute collects the purchase price by direct debit from the card-issuing institute, whereby the direct debit cannot be returned due to an objection, insufficient funds in the account or for other reasons within the meaning of the agreement on direct debit. The perpetrator misuses the card if the credit institution has undertaken to pay his contractual partner , but the amount cannot be withdrawn from him due to insufficient funds in the cardholder's account.
consequences
Insufficient funds in the account lead to payment orders being returned by the account-holding bank. It either returns transfers and standing orders to the client or direct debits ( return debits ) to the payee's bank. These returns are not received, especially for creditors, the expected payments, an indicator of the lack of creditworthiness of the debtor . Returns that have been made are the subject - and negative feature - of a bank report . Merely returns do not lead to a Schufa entry, but only a reminder from the payee. However, especially in the case of continuing obligations, returns can mean that the payee is entitled to terminate the contract or refuse to provide consideration ( power cut , no insurance cover ).
Individual evidence
- ↑ Springer Fachmedien Wiesbaden, Gabler Kompakt-Lexikon Wirtschaft , 2013, p. 92
- ↑ BGH, decision of November 8, 2000, Az .: 5 StR 433/00
- ↑ BGH, judgment of February 13, 2001, Az .: XI ZR 197/00
- ↑ BGH, judgment of February 13, 2001, Az .: XI ZR 197/00
- ^ BGH, ruling of November 21, 2001, Az .: 2 StR 260/01
- ↑ BT-Drs. 10/5058 of February 19, 1986, recommendation for a resolution and report , p. 32
- ↑ BT-Drs. 10/5058 of February 19, 1986, recommendation for a resolution and report , p. 33
- ↑ Rudolf Rengier, Criminal Law: Special Part I , 11th edition, 2009, § 19 Rn. 23
- ↑ Wolfgang Gößmann, in: Herbert Schimansky / Hermann-Josef Bunte / Hans-Jürgen Lwowski, Bankrecht , 2nd edition, 2007, § 54 marginal number 1, 16
- ↑ Wolfgang Joecks, Study Commentary StGB , 11th edition, 2014, § 266b Rn. 14th
