2025-04-29
Added
This Instruction establishes the regulatory framework for the opening, operation, and closing of deposit accounts by financial institutions authorized by the Banco Central de Timor-Leste. It mandates specific identification procedures, standardized information sheets, and detailed disclosure requirements for fees, interest rates, and account statements. Banks are required to adjust their practices within six months of publication and must provide customers with clear pricing and contract terms in official languages. The document also prohibits charges for internal transfers and restricts the provision of transaction summaries.
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INSTRUCTION OF BCTL NO. 27 / 2024
ON THE OPENING, HANDLING AND CLOSING OF DEPOSIT ACCOUNTS AND DUTIES OF INFORMATION The Banco Central of Timor-Leste has the duty to regulate and supervise financial institutions, as well as the duty to establish measures to protect the interests of depositors, strengthening the domestic banking system and promoting a sound and competitive sector. Given the scenario of continuous evolution in the financial market, characterized by innovation in the supply, contracting and provision of financial services, it is necessary to constantly improve the regulatory framework. This will enable the development of new business models and the adoption of more modern and dynamic processes and systems. The aim is to establish a more competitive and efficient environment, which will create conditions to improve the relationship between financial institutions and their clients, providing greater convenience, agility and security in access to financial services. Given how out of date the current rules that govern the opening and operation of deposit accounts are, established by the Instruction no. 3/2003 of 13 June 2003 of the Banking and Payments Authority, it became imperative to update the system of opening, operating and closing of deposit accounts, as well as the disclosure requirements, compliance with which is essential for the protection of consumers and of the banking system itself. In fact, the Instruction no. 3/2003 of 13 June, is not adequate to the current situation of the national banking system, nor does it correctly safeguard, either depositors or the institutions themselves, since it does not establish a comprehensive and detailed legal framework that tackles the issues that currently arise and to which the banks will naturally have to deal with. Thus, in accordance with Article 31 no. 1 of the Law no. 5/2011, of 15 June (Organic Law of the Banco Central), the Governing Board of the Banco Central de Timor-Leste hereby resolves to approve the following Instruction:
CHAPTER I
DEFINITIONS, PURPOSE AND SCOPE
Article 1
Definitions
For the purposes of this Instruction, the following definitions apply:
a) "Bank" means a financial institution falling within the scope defined in Article 2 of this Instruction; b) “Beneficial Owner” means the natural persons or persons who ultimately owns or controls a legal entity;
c) "Customer" means any domestic or foreign person who, under the law, is of age or emancipated and with the full capacity to exercise his rights or any national foreign or international legal person, duly registered or recognized under the law which celebrates or negotiates deposit agreements or any related services or products, with the Bank or receives from the latter any contract proposal, business declaration or invitation negotiate in relation to a deposit agreement; d) "Deposit Account" means an organized accounting record relating to operations carried out under this account, allowing the holder of the account to perform a wide range of banking operations, such as making deposits and their operation according to agreed rules, management of money and other values thereby deposited, and the record of operations performed. Deposit accounts are often associated with the ability to contract other banking operations and services, as well as payment instruments such as banking cards, cheques, transfers and direct debits; e) "Deposit Agreement" means an agreement entered into between Banks and their customers related to the deposit in a deposit account of monetary values, such as money, credit titles, cheques and other values, with the presumption that customers have the ownership of such values, being regulated in this contract the rights and obligations of the Banks and of the account holders as to the characteristics, operation, term and remuneration of the deposit; f) "Commissions" means the cash benefits chargeable to customers by the Banks as a consideration for the services they provide, or subcontracted to third parties in the course of their business; g) "Value date" means the date from which a transfer or a deposit becomes effective, which can then be operated by the beneficiary and/or the date from which the calculation of any interest arising from credit or debtor balances of deposit accounts starts; h) "Bank Deposit" means the provision by a customer of money, credit instruments such as cheques, and other values to the Banks that will perform its reception, presupposing the existence of a deposit agreement and the respective deposit account, in any of several forms, as defined in Article 4 of this Instruction; i) "Expenses" means the costs incurred by the Banks, which are due to third parties and passed onto customers, namely those of fiscal nature; j) "Overdraft Facility” means the express contract by which a Bank allows a customer to dispose of funds which exceed the balance of the respective demand deposit account; k) "Means of distance communication" means any mean of communication that can be used without the simultaneous physical presence of the Bank and the customer; l) "Other Institutions Receiving Deposits" shall have the meaning given to it by the Public Instruction no. 6/2010 approved by Resolution no. 11/2010 of the Board of Directors of the Authority for Banking and Payments of Timor-Leste; m) "Accounting Balance" means
the amount corresponding to the result of credit and debit operations made in the deposit account; n) "Available Balance" means the existing value in the deposit account of the customer, which the latter may use without being subject to the payment of interests, fees or any other charges; o) “Disclosure or transmission” “means transmission, even individual, on any medium, of data and information associated with bank deposit products or related to or presupposing the existence of a bank deposit account, with the intention of selling such products to current or potential customers;
p) "Durable Medium" means any instrument which enables the customer to store information personally addressed to him, so that this latter, in the future, can easily access the information stored for a period appropriate to the purposes for which it is intended and thus reproduce this information in a complete and unchanged manner; q) "Overrunning" means overdraft tacitly accepted by the Bank, enabling a customer to dispose of funds which exceed the available balance of the respective demand deposit account or of the overdraft facility agreed; r) “Resident” means a person holding: (i) a valid residence or stay permit, or (ii) a work visa valid for a minimum period of 4 (four) months from the opening of the account or, in the case of a legal person, being duly registered in Timor-Leste.
Article 2
Purpose and Scope
This Instruction sets out the rights and obligations to be followed under the banking activity as
regards the regime applicable to the opening, operating and closing of deposit accounts, as well as the inherent information duties.
This Instruction is applicable to all financial institutions which are duly authorized by the Banco
Central de Timor-Leste, to receive bank deposits, whether from individuals or legal persons, including Other Deposit Taking Institutions.
This Instruction applies to all bank deposit types.
The provisions of this Instruction do not prejudice the application of any provisions on the
prevention and combating money laundering and the financing of terrorism.
Article 3
Adjustment Period
Banks have a period of six (6) months from the date of publication of this Instruction, to adjust
to the provisions, obligations and requirements set forth herein.
Until the first day following the expiry of the period referred to in the previous paragraph, Banks
will not be subject to any sanction or penalty provided in this Instruction, notwithstanding this, the Banco Central de Timor-Leste may, during this period, issue recommendations or suggestions to Banks.
Article 4
Bank Deposit Types
Bank deposits, titled in the respective deposit accounts, will assume one of the following types:
a) Demand deposits; b) Deposits redeemable at notice; c) Term deposits; d) Term bank deposits not withdrawable in advance; e) Deposits created under a special regime.
Demand deposits are liable for payment at any time.
Deposits redeemable at notice are only liable for payment when the written prior notice freely
agreed and fixed between the parties is fulfilled.
Term deposits are liable for payment at the end of the term to which they were submitted.
Banks may, however, allow the anticipated mobilization of the term deposits in the agreed conditions.
Fixed term deposits not withdrawable in advance are only liable for payment at the end of the
term in which they were submitted to and cannot be reimbursed before the expiry of that term.
Special regime deposits correspond to all deposits not mentioned in subparagraphs a) to d) of
paragraph 1 of this Article or provided for by law or regulations.
The creation of special regime deposits is free; however, their characteristics must obey to the
provision of this Instruction, namely those set forth in Chapter III.
The special regimes referred to in the previous paragraph shall be communicated to the Banco
Central de Timor-Leste prior to their commercialization. The Banco Central de Timor-Leste may, at any time, issue recommendation it deems necessary to be observed by the Banks.
CHAPTER II
OPENING OF DEPOSIT ACCOUNTS
Section I
General Provisions
Article 5
Special Duty of Caution
In undertaking the opening of a deposit account, Banks must act with a high degree of caution by performing the procedures necessary in order to ensure:
a) The complete and proven identification of each account holder, their representatives and other persons with powers to operate under the terms of Article 10 of Banco Central de Timor-Leste Instruction no. 26/2023, on the identification of clients, the keeping of documents and the communication of transactions; b) When opening deposit accounts in the name of incapacitated persons, their legal representative must be fully identified, under the terms of the previous paragraph; c) Without prejudice to the provisions of the previous paragraph, minors who, due to their age, do not hold identity cards must show their birth certificate in order to prove their identity; d) Verification of the suitability and sufficiency of the instruments that grant the powers of representation and to operate accounts.
Article 6
Advertising
Banks, when advertising any product related to bank deposit accounts or that presupposes the
existence of a bank deposit account, must comply with the following conditions:
a) Provide clear, objective and true information; b) Use appropriate means and medium; c) Do not include any data or written text in sizes or shapes that make them illegible or incomprehensible to the average citizen; d) Use official language of Timor-Leste in a way, at least, identical to any foreign language.
Advertising targeting minors shall be communicated in advance to the Banco Central de TimorLeste that may issue any recommendations or impose any changes to the proposed advertise.
Article 7
General Conditions of the Deposit Agreement
Article 9
General Duties on the Constitution of Term Bank Deposits and Term Bank Deposits not Withdrawable in Advance
Section II
Information Duties
Article 11
General Information Duties
at the customer’s request, by a translation into a foreign language, if this request is accepted by the Bank.
Article 12
Standardized Information Sheet for Deposits
e) Amounts, indicating if the amount is a credit or debit operation; f) Currency; g) Accounting balances resulting from the operations; and h) In the case of demand deposit accounts, the available balance at the end of the period concerned in the statement.
2. When the information provided in the preceding paragraph is made available through a bank
passbook, or through electronic and automated channels, made available through an online internet platform and mobile banking, the duty of information set forth therein is considered fulfilled, if the information referred to in subparagraphs b), d), e), f) and g) is provided.
3. For the accounting of interest or collection of fees and expenses associated with deposit
accounts, Banks shall provide to their customers, together with the bank statement, or in another document, the following additional information to the bank statement:
a) In the account of compensatory interests:
(I). Dates of beginning and end of the period to which they relate to; (II). Value date of payment; (III). Amount of accrued interest; (IV). Gross nominal annual rate applied or when different rates by scale are applied, indication of the weighted average rate; (V). Amount or average balance used for the calculation, being the Banks exempted from providing this information if the interest calculation is made based on the daily balance; (VI). Withholding taxes; and (VII). Form of payment if the interest is not credited in the same account. b) In case of interest charged by the Bank in relation to the overdraft facility and overrunning associated with a demand deposit account:
(I). Dates of beginning and end of the period to which they relate to; (II). Collection date; (III). Amount of interest charged; (IV). Nominal annual rate applied; (V). Amounts overdrawn and use dates; and (VI). Taxes. c) In case of collection of commissions or expenses:
(I). Dates of beginning and end of the period to which they relate to; (II). Identification of the fee or expense charged; (III). Date of collection; (IV). Amount of fees or expenses charged; (V). Taxes; and (VI). Amount or average balance used to determine the amount of the fee or expense or indication of other factors that have been used in determining the amount charged, being that the Banks are exempted from to providing this information if the calculation of the fee or expense is made based on the daily balance.
Article 19
Update of Records and Files
CHAPTER IV
Characteristics of Bank Deposits
Article 20
Designation
The designation of “deposit” is not allowed either in an isolated way or in conjunction with any other terms and in any language, in the marketing of any product that does not match:
a) With one of the types of deposits provided for in Article 4 of this Instruction; or b) With the offer of a combination of two or more deposits mentioned in the previous paragraph; and c) When introducing another type of deposit that is not defined in Article 4, the Bank must submit it to the Banco Central de Timor-Leste for approval.
Article 21
Remuneration
When the remuneration rate of the deposit is not fixed and determined prior to the moment
deposit agreement is entered into, its variation must be linked to the evolution of other relevant instruments or economic or financial variables, the source of which must be independent of the institution where the deposit is made.
The preceding paragraph does not exclude the possibility of application of promotional
compensatory rates, provided that the depositor knows, in time prior to the contract, the compensation rate to be applied to the deposit, including, if applicable, the effect of the promotional rate.
The ratio referred to in paragraph 1 shall be set before the agreement is signed and must
always refer to the same instruments or variables throughout the deposit period. The respective contracts must not contain clauses that cancel such connection in any way, without prejudice to the possibility of establishing maximum and minimum limits to the rate in question.
Whatever the method of determining the remuneration rate of a deposit, it cannot, under any
circumstances, be negative or equal to 0 (zero).
Article 22
Capital Guarantee
CHAPTER IV
Closing of Deposit Accounts
Article 24
General Considerations on the Closing
The closure of a deposit account terminates the deposit agreement and may be performed
either by the account holder or by the Banks when and under the conditions set forth in the agreement.
Without prejudice of the following article concerning term deposit accounts, customers holding
demand deposits have the right to close the deposit account at any time, unless a period of prior notice, which may not exceed one month, is contractually agreed
Article 25
Term Deposit Accounts Closure
Without prejudice to cases where there is the anticipated withdrawal of all the funds, the term
deposit account shall be closed after lapse of the agreed period of time, unless the deposit is renewed.
Renewal may be stipulated at the end of the term or occur automatically in the case of
renewable term deposits, i.e., those that reinitiate if the respective holders do not say otherwise within the conventional prior notice periods for doing so.
In the cases covered by the preceding paragraph, the deposit agreement shall have to specify
the conditions under which the renewal takes place and the period agreed for the customer to oppose to the renewal.
Article 26
Dormant Account
Dormant account is a demand deposit account showing no activity, other than posting interest,
for a 5 (five) year period.
When a demand deposit account becomes dormant, Banks shall, immediately, cease to pay
interests and charge any fees, costs or other charges, notify the Banco Central de Timor-Leste and undertake its best efforts to notify the account holder of that fact.
After 6 (six) years of an account being dormant the Bank shall close the account and transfer
the outstanding balance to the Banco Central de Timor-Leste.
Banks are not allowed to impose specific fees for the reactivation of a dormant account.
Banks must establish procedures to identify dormant accounts and apply restrictions to their
debit transactions in order to guarantee the security of their customers' deposits.
The Central Bank of Timor-Leste will issue instructions to regulate dormant accounts.
CHAPTER V
Final Provisions
Article 27
Offenses and Fines
In addition to the provisions of this Chapter, the Rules on Administrative Offenses of Financial
Institutions issued by the BCTL shall apply to matters relating to or regulated in this Article.
Infringements of the provisions of Articles 6, 7, 8, 9, 10, 13, 14, 18, 19, 21, 22, 23, 24, 25
and 26 shall be punishable by fines of between USD 50,000 (fifty thousand US dollars) and USD 1,000,000 (one million US dollars), depending on the degree of guilt of the perpetrator.
Infringements of the provisions of Articles paragraph 7, 5 and 11 shall be punishable by fines
of USD 20,000 (twenty thousand US dollars) to USD 50,000 (fifty thousand US dollars), depending on the degree of guilt of the perpetrator.
Infringements of the provisions of Article 16 shall be punishable by fines of USD 5,000 (five
thousand US dollars) to USD 20,000 (twenty thousand US dollars), depending on the degree of fault of the perpetrator.
Infringements of the provisions of Articles 12 and 15 shall be punishable by fines of between
USD 500 (five hundred US dollars) and USD 5,000 (five thousand US dollars), depending on the degree of fault of the perpetrator.
Attempt is punishable.
Negligence shall be punishable and the minimum and maximum fines applicable under the
previous article shall be halved.
The sanctions provided for in paragraphs 1 to 5 of this Article are applicable for intentional or
negligent acts.
The fines provided for in this Article shall be applied by the Banco Central de Timor-Leste
following a process in which the Banks shall be granted a period of defense of no less than 15 (fifteen) working days and without prejudice to the application of other penalties or sanctions provided for by law or regulations of the Banco Central de Timor-Leste.
The fines provided for in this Article shall be subject to judicial appeal under the general terms.
Article 28
Information Reporting
Banks can direct to the Department of Supervision of the Banco Central de Timor-Leste any eventual questions concerning the application of the provisions of this Instruction.
Article 29
Repeal
Instruction No. 3/2003 of 13 June of the Banking and Payments Authority is hereby revoked.
Article 30
Entry into Force and Publication
This Instruction shall enter into force on the day following its publication.
In accordance with Article 66 paragraph 1 of the Organic Law of the Banco Central, this
Instruction shall be published in the Official Gazette.
Adopted on 21 June 2024
The Governor,
Hélder Lopes
FICHA DE INFORMAÇÃO
NORMALIZADA
Standardise information sheet
(Designação do Produto / Product’s
Designation)
Designação /
Designation
Condições de acesso /
Terms of access
Modalidade /
Modality
Meios de movimentação / Transaction channels
Moeda /
Currency
Montante /
Amount
Taxa de Remuneração / Remuneration Rate
Cálculo de juros /
Calculation of interest
Pagamento de juros /
Payment of interest
Regime fiscal /
Tax regime
Comissões e despesas / Commissions and expenses Preçário atual de comissões e despesas associadas à conta / Current price list of commissions and expenses associated to the account:
Facilidades de descoberto / Overdraft facilities Ultrapassagem de crédito / Exceeding credit limits Outras condições / Other conditions Instituição Depositária / Depositary Institution Validade das condições / Validity of terms Disponibilizado previamente ao Cliente Provided beforehand to the Customer Data / Date: ____ / ____ / _______ ______________________________________________ Assinatura de todos os Titulares da Conta ou seus representantes Conferência do Banco / Bank Confirmation All Account Holders or its representatives Signature Identificação da Instituição Financeira Logo of the Financial Institution
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Source: Banco Central de Timor-Leste — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works