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Legal Information and Claims

OPEN BANK S.A. is a bank registered in the register of Banks and Bankers of the Bank of Spain (Mercantile Registry of Madrid, page 202, volume 5308, sheet M-87030)

  • Registered Office: Paseo de la Castellana, nº 24, 28046, (Madrid).
  • Telephone: +34 91 177 33 10
  • Fax: 91.342.10.50
  • E-mail: ayuda@openbank.es
  • Trade Name: Openbank.
  • Tax ID No.: A-28021079
  • Name: OPEN BANK S.A.
  • Bank Code: 0073.

In its activity, Openbank is supervised, among others, by the following entities:

  • European Central Bank and Bank of Spain.
  • National Securities Market Commission (CNMV).
  • PriceWaterhouseCoopers, S.L. (External Audit)
  • The Spanish Tax Authorities
  • National Social Security Institute (INSS).
  • The internal audit function is outsourced to Banco Santander, S.A.
  •  
  • OPEN BANK, S.A. forms part of the Deposit Guarantee Fund for Credit Institutions.

Shareholder structure

Name of the Shareholder No. of Shares Percentage
Banco Santander, SA. 172,782,818 99.999994212%
Cántabro Catalana de
Inversiones, SA.
10 0.000005788%

If you wish you can download this information.

Information on fees and interest rates charged or offered.

We publish quarterly information, corresponding to the last natural quarter, on commissions and rates most frequently charged or offered in the most common operations with the most standard customer profiles that are individuals.

Annex 1 of Circular 5/2012, of 27 June, of the Bank of Spain, to credit institutions and payment service providers, on the transparency of banking services and the responsibility for granting loans from OPEN BANK, S.A.

Interest rates and fees for tacit overdrafts and over-limits in current accounts and tacit over-limits in credit accounts.

Annex 2 of the Circular 5/2012, of 27 June, of the Bank of Spain, to credit institutions and providers of payment services, on transparency in banking services and responsibility in the granting of loans).

Information on the perceived discount and exchange rates of payment services.

Circular 1/2015, dated 24 March, from the Bank of Spain to payment service providers, on information on the discount and exchange rates received. Information on the operations carried out in each calendar quarter is published. See information

Exchange rates for transactions involving the purchase or sale of foreign currency or foreign notes against the euro for less than €3,000.

You can check the information here

Brochure of maximum rates in securities market transactions and services.

You can check the information here

You can check the information of maximun rates valid from 15/09/2019 here

Securities market transactions and services.

Third-party expenses in securities transactions

Standard contracts for the provision of investment services to retail customers

The standard contract for the provision of investment services to retail customers can be found in chapter 9 “Particular conditions for the purchase and sale of securities and other financial instruments” and in chapter 10 “General terms and conditions of the standard contract for the custody and management of securities” in the Contract for the Provision of Services for individuals (3.2018 Edition)

Contract for the provision of services for individuals

Contract for the Provision of Services for Individuals (version 3.2018)

MIFID Information Package (2.2018 edition)

Basic information on data protection

Mortgage loan access guide

You can check the information here

See Code of Good Practice

See informative notice for Andalucia

Declaration of payment transactions. Circular 1376 of the Spanish Banking Association (AEB)

You can check the information here

Deposit guarantee fund

You can check the information here

Standard prices

You can check the information on Standard Prices  here.

You can check the current rates and fees here

Dependencies and customer service agencies.

Openbank information telephone number: 901 247 365

To resolve any doubt or for any clarification, give us a phone call.

Incident Management Service: 901 22 32 42

To request the resolution of any error or incident affecting the operation of contracted goods and services, and that are not claims. OPENBANK is committed to informing you of the status of your request within 48 business hours and if the solution provided has not met your requirements you may also write to the Openbank Claims and Customer Care Service. 


CLAIMS AND CUSTOMER CARE SERVICE

When the response given by the Incident Management Service has not met your requirements, you may write to the Openbank Claims and Customer Care Service:

Claims and Customer Care Service

Customer Ombudsman Office

  • D. José Luis Gómez-Dégano and Ceballos-Zuñiga
  • Apartado de Correos 14019
  • 28080 Madrid
  • Fax: 91 429 23 19

Independent body to which Grupo Santander is affiliated and to which you can present your claims based on the Regulations of the Customer Ombudsman.

Once the complaint has been filed with the Claims and Customer Care Service, if the response has not been satisfactory or a period of one months has passed from the presentation of the claim without having received a response, the customer may contact the following Complaints Services of the Financial Supervisors, depending on the subject matter:

The Claims Service of the Bank of Spain

Investor Assistance Office at the National Securities Market Commission (CNMV)

Complaints Service of the Directorate General of Insurance and Pension Funds

Before using these services, the regulations require the customer to demonstrate that they have first contacted the Customer Service Department or the Customer Ombudsman's Office that will act with full autonomy in terms of the principles and guidelines to be applied in the exercising of its functions.

Claim form:

  • Claims forms are available to customers at the Openbank office. The address is: 
  • Paseo de la Castellana, 134
  • 28046 – Madrid
  • Telephone number for incidents: 900 22 32 42

In accordance with the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of on-line consumer disputes, a link to the on-line dispute settlement platform, launched by the European Commission, can be used by consumers to resolve any discrepancy or controversy regarding services provided on-line http://ec.europa.eu/odr


Regulations, arranged by subject, governing the transparency of banking operations and the protection of customers

  • Customer care and customer ombudsman services:

  •  

  • Law 44/2002, of 22 November, on financial system reform measures, as amended by Law 2/2011, of 4 March, on sustainable economy.

  • Order ECO/734/2004 of 11 March, on departments and customer care services and the customer ombudsman of financial institutions.

  • Order ECC/2502/2012, of 16 November, regulating the procedure for submitting claims to the claims services of the Bank of Spain, the National Securities Market Commission and the Directorate General of Insurance and Pensions.

  • Law 7/2017, of 2 November, incorporating into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on the alternative resolution of consumer disputes.

Transparency of operations and customer protection, and other consumer protection regulations:

  • Order ECE/1263/2019, of 26 December, on transparency of conditions and information requirements applicable to payment services and amending Order ECO/734/2004, of 11 March, on customer service departments and services and the customer ombudsman of financial institutions, and Order EHA/2899/2011, of 28 October, on transparency and protection of customers of banking services.

  • Order EHA/1718/2010, of 11 June, of the Ministry of Economy and Finance, on regulation and control of advertising of banking services and products, developed by Circular 6/2010 of 28 September of the Bank of Spain, to credit and payment institutions, on advertising of banking services and products. Order EHA/1717/2010 of 11 June of the Ministry of Economy and Finance on the regulation and control of advertising of investment services and products

  • Order EHA/2899/2011, of October 28, of the Ministry of Economy and Finance, on transparency and protection of customers of banking services.

  • Law 22/2007, of July 11, on distance marketing of financial services for consumers.

  • Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

  • Bank of Spain Circular 5/2012, of 27 June, to credit institutions and payment service providers on transparency of banking services and responsibility in the granting of loans.

  • Royal Decree Law 6/2013, of 22 March, on the protection of holders of certain savings and investment products and other measures of a financial nature.

  • Law 5/2015, of 27 April, on the promotion of business financing.

  • Royal Decree-Law 11/2015, of 2 October, to regulate fees for cash withdrawals at ATMs. 

  • Bank of Spain Circular 2/2019 of 29 March on the requirements of the Information Document on Fees and the Statement of Fees, and payment account comparison websites, and amending Circular 5/2012 of 27 June to credit institutions and payment service providers on transparency of banking services and responsibility in the granting of loans.

Mortgage loans:

  • Law 2/1994, of March 30, on the subrogation and modification of mortgage loans.

  • Law 41/2007, of 7 December, amending Law 2/1981, of 25 March, on the Regulation of the Mortgage Market and other regulations of the mortgage and financial system, regulating reverse mortgages and dependency insurance and establishing certain tax regulations.

  • Law 2/2009, of 31 March, on the contracting of mortgage loans and credit with consumers and the brokerage services for the execution of loan and credit agreements.

  • Royal Decree Law 6/2012, of 9 March, on urgent measures to protect unsecured mortgage debtors.

  • Law 1/2013, of 14 May, on measures to reinforce the protection of mortgage debtors, debt restructuring and social renting

  • Royal Decree-Law 1/2017, of 20 January, on urgent measures for the protection of consumers with regard to floor clauses.

  • Royal Decree 536/2017, of 26 May, establishing and regulating the monitoring, control and evaluation commission provided for in Royal Decree Law 1/2017 of 20 January

  • Law 5/2019, of 15 March, regulating real estate credit agreements.

  • Royal Decree 309/2019, of 26 April, partially implementing Law 5/2019 of 15 March regulating real estate credit agreements and adopting other financial measures.

  • Order ECE/482/2019, of 26 April, amending Order EHA/1718/2010, of 11 June, on regulation and control of advertising of banking services and products, and Order EHA/2899/2011, of 28 October, on transparency and protection of customers of banking services.

Consumer credit:

  • Law 16/2011, of June 24 (B.O.E., June 25), of Consumer Credit contracts.

General contracting conditions:

  • Law 7/1998, of April 13, on general contracting conditions.

Payment Services:

  • Order ECE/1263/2019, of 26 December, on transparency of conditions and information requirements applicable to payment services and amending Order ECO/734/2004, of 11 March, on customer service departments and services and the customer ombudsman of financial institutions, and Order EHA/2899/2011, of 28 October, on transparency and protection of customers of banking services.

  • Royal Decree 736/2019, of 20 December, on the legal regime for payment services and payment institutions and amending Royal Decree 778/2012, of 4 May, on the legal regime for electronic money institutions and Royal Decree 84/2015, of 13 February, implementing Law 10/2014, of 26 June, on the organisation, supervision and solvency of credit institutions. 

  • Law 2/2011, of 4 March, on Sustainable Economy.

  • Royal Decree-Law 19/2017, of 24 November, on basic payment accounts, transfer of payment accounts and comparability of commissions.

  • Royal Decree-Law 19/2018, of 23 November, on payment services and other urgent financial measures.

  • Order ECE/228/2019, of 28 February, on basic payment accounts, payment account transfer procedure and comparison website requirements.

  • Royal Decree 164/2019, of 22 March, establishing a free system of basic payment accounts for the benefit of persons in a situation of vulnerability or at risk of financial exclusion.

Investment Services:

  • Royal Legislative Decree 4/2015, of 23 October, approving the revised text of the Securities Market Law. 

  • Royal Decree 217/2008, of 15 February, on the legal regime for investment service companies and other entities providing investment services and partially amending the Regulation of Law 35/2003, of 4 November, on Collective Investment Institutions, approved by Royal Decree 1309/2005, of 4 November.

  • Delegated Regulation (EU) 2017/565 of the Commission, of 25 April 2016, supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of said Directive

Owners of currency exchange establishments:

  • Bank of Spain Circular 6/2001, of 29 October, on holders of currency exchange establishments, as amended by Bank of Spain Circular 3/2009 of 18 December.

Deposit Guarantee Fund:

  • Royal Decree-Law 16/2011, of 14 October, establishing the Deposit Guarantee Fund for Credit Institutions.

  • Royal Decree 628/2010, of 14 May, amending Royal Decree 2606/1996, of 20 December, on deposit guarantee funds in credit institutions and Royal Decree 948/2001, of 3 August, on investor compensation schemes.

  • Royal Decree 2606/1996, of 20 December 1996, on deposit guarantee funds for credit institutions (partly amended by Royal Decree 1012/2015, of 6 November 1995).

 

Registration in the Bank of Spain

Registration details 

Legal documentation on accounts 

Pre-contractual information for individuals

Contract for Provision of Services for Individuals (version 3.2018)

Contract for provision of services to Legal Persons (version 2.2018)

Basic information on data protection

MIFID II

MIFID Information Brochure (2.2018 edition)​​​​​

Open Bank´s best execution and order fullfillment policy (selection of intermediaries)

Identification documents required to operate in securities according to MiFID II

Annual Publication on the Main Intermediaries and the Quality of Execution Obtained -2019

Annual Publication on the Main Intermediaries and the Quality of Execution Obtained -2018

Annual Publication on the Main Intermediaries and the Quality of Execution Obtained -2017

CRS/FATCA forms:

To comply with the CRS / FATCA regulations, the forms to be completed are:

Openbank Company Accounts

To open this you need to complete the additional documentation that we make available to you below:

Documentation for testate management

Documentation for testate processing

Application for change of ownership by succession

Position´s certificate request

Information on testate management

Management of direct debits

Documents for direct debits management

Solicitud domiciliación Recibos

Pension Plans

Documents to request the transfer of consolidated rights

Transfer of consolidated rights application form

Transfer of accounts from other banks

Application form to transfer an account from another bank and model letters to ask issuing entities to change the direct debit payment account and to pay scheduled transfers.

Request to transfer payment account

Letter to issuing entities to change direct debits

Letter to the issuing entities to pay scheduled transfers

Mortages

Document to consult the General Conditions of the Openbank´s Mortgage Loan Contract

General Terms and Conditions

General Terms and Conditions-Moratoria

Other Information

Legal Terms and Conditions, Draws and Promotions

Check the current legal terms and conditions for Openbank promotions.

Promotion winners

Don’t miss out. Welcome to the winners section of Openbank promotions. Here you can find out if you have been one of the winners.

Open Discounts Promotion

In view of the entry into force of Royal Decree Law 19/2018 of 23 November on payment services and other urgent financial measures (Ley de servicios de pago y otras medidas urgentes en materia financiera), which transposes nationally Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, Openbank, as an account servicing payment service provider, under common and secure open standards integrated through a fixed interface, enables communication with those providers of payment initiation services (“PIS”), and of account information services (“AIS”), and others, through the provisions established in our regulations.

Openbank has enabled this special area that third parties can use to access the interface.

If you are having trouble in accessing the interface, ask for assistance at the following email address: psd2.sandbox.soporte@redsys.es.