Commission Regulation (EU) No 389/2013Show full title

Article 22 Refusal to open an account

1. The national administrator shall verify whether the information and documents provided for account opening are complete, up-to-date, accurate and true.

2. A national administrator may refuse to open an account:

(a) if the information and documents provided are incomplete, out-of-date or otherwise inaccurate or false;

(b) if the prospective account holder, or, if it is a legal person, any of the directors of the prospective account holder, is under investigation or has been convicted in the preceding five years for fraud involving allowances or Kyoto units, money laundering, terrorist financing or other serious crimes for which the account may be an instrument;

(c) if the national administrator has reasonable grounds to believe that the accounts may be used for fraud involving allowances or Kyoto units, money laundering, terrorist financing or other serious crimes;

(d) for reasons set out in national law.

3. If the national administrator refuses to open an account, the person requesting the account opening may object to the relevant authority under national law, who shall either instruct the national administrator to open the account or uphold the refusal in a reasoned decision, subject to requirements of national law that pursue a legitimate objective compatible with this Regulation and are proportionate.