Though banks are permitted to turn down customers for any reason, they cannot discriminate against them under the law. Banks have the authority under AML regulations to verify customers’ identities and request more information when necessary. The usual identification requirements are to share a person’s name, surname, date of birth and address, as well as a proper identification document. A person can provide a national passport, an identity card with a photo or a foreigner registration certificate such as an electronic residence card (A, B, C, D, E, E+, F or F+).
If an identity document is not included in the residence document, other valid documents from Belgian officials may be used. Some examples are:
The commune’s registration certificate is given as a temporary residence authorisation (like the orange card of Annexe 4).
An asylum application made at the Foreigners’ Office and recorded using Annexe 26 or 26 quinquies.
Annexes 25 and 25 quinquies include proof of a request for asylum, used at the border.
The applicant will get an Annexe 15 certificate for provisional residency (until the residency document is issued).
Special documents for the residency permit (Annexe 35 if you appeal to the Council for Alien Law Litigation).
If an account is not opened by the bank, the applicant can request an explanation in writing. If the client does not get a reply, they can approach the bank’s central customer service for help. If nothing changes after repeated questioning, the individual is allowed to file a complaint with the Ombudsfin service or report the case to Unia.
Setting up a simple bank account
If a standard bank account is not available, a person may ask to open a basic account with no possibility of overdrafts, unreliable payments or cheque facilities. You will need to ask your bank about this beforehand, and if you qualify, the account will be opened in ten days.
Which individuals are allowed to open simple bank accounts
The Economic Law Code of Belgium states that any EU resident legally staying in the EU is entitled to a basic bank account. This includes:
- Asylum seekers.
- Homeless individuals.
- Recognised refugees.
- Persons protected under the subsidiary protection system.
Those people who do not have a residence permit and cannot be removed because of legal or practical problems.
When applying, the person should supply appropriate documents that display his or her name, surname, date of birth and sometimes their address. In reality, some banks ask for an address because European regulations say banks need a payee’s address for every money transfer.
Banking conditions
A basic bank account is granted to an individual who does not already possess a current account in Belgium, whether from the same or any other bank, plus whose overall assets do not amount to more than € 6,000. Additionally, the applicant should not have accessed a basic bank account in the last 24 months.
If a person is not given access to a basic bank account, it is necessary to check that the bank’s terms have been met. A person should ask for the account, mentioning the legislation on basic banking services, either at the bank in person or by mailing or emailing the request. If Myria is not willing to give the information in person, they suggest you record the discussion or call or email later. Within 10 days of getting the request, the refusal should be written out to you, unless the case involves national security.
Other steps involve filling out the bank’s online form or sending an email to customer service and, if required, submitting a complaint to Ombudsfin or the Economic Inspection Department of the Federal Public Services. If a job denial is due to discrimination, it is possible to submit a complaint to UNIA.
Removal of your account from the bank
Accounts may be closed by a bank if certain conditions are met:
- If a person is found guilty of fraud, breach of trust, fraudulent bankruptcy, forgery or violating anti-terrorism or anti-money laundering rules;
- All payments have been halted for more than two years.
- False information is being given to the bank to open a basic account.
- An individual who was living in an EU Member State is no longer considered a resident.
- Activities that indicate the use of money for money laundering or terrorism;
- An expiration of a residence permit that lasts only a certain amount of time.
- For cases of account blocking, the bank’s head office should be reached through its customer service.
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