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: Av. Cantabria s/n, 28660. Boadilla del Monte - Madrid.
  • Telephone: 91.342.10.00
  • 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:

  • Bank of Spain.
  • National Securities Market Commission (CNMV).
  • PriceWaterhouseCoopers, S.L. (External Audit)
  • Banco Santander S.A. (Internal Audit).
  • The Spanish Tax Authorities
  • National Social Security Institute (INSS).
  • 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 commissions 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 commissions for overdrafts and tacitly going over-limit in current accounts and tacitly going over-limit 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 stock market transactions and services.

You can check the information here

Stock 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 XI “Particular conditions for the purchase and sale of securities and financial assets” and in chapter XII “Particular conditions for the management of transferable securities and financial assets” of the Contract of Provision of Services for individuals (1.2016 Edition).

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 for the custody and securities management contract” of the Contract for the Provision of Services for individuals (7.2017 Edition)

Contract for the provision of services for individuals

New Contract for the Provision of Services for Individuals (7.2017 edition) Includes Payment Services Contract

Notifications about modifications to the contract.

As specified in the section MODIFICATIONS TO THE CONTRACT, which you will find in Chapter I "General Conditions", of the Contract for the Provision of Services for Individuals, you can see below the changes in commissions, expenses, interest rates or other conditions of OPENBANK.

Modification of the contract of the provision of services for individuals 1/2016

Mortgage loan access guide

Check the information here

Urgent measures to protect unsecured mortgage borrowers

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

Check the information here

Deposit guarantee fund

Check the information here

Standard prices

Check the current information on standard prices here

Check the rates and commissions in force here

Change of interest rates

Check the latest interest rate change 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 two 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


GOVERNING REGULATIONS

  • 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 (Official State Gazette of 24 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.

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

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

  • Order EHA/2899/2011, of October 28, of the Ministry of Economy and Finance (B.O.E., October 29), on transparency and protection of the banking services’ customer.

  • 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.

  • Royal Decree 712/2010, of 28 May, of the Legal Regime for payment services and payment entities.

Mortgage loans:

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

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

  • Royal Decree Law 2/2003, of April 25, on economic reform measures.

  • Law 36/2003, of November 11, on economic reform measures.

  • Law 1/2012, of 26 March, on the Protection of the Rights of Consumers through the Promotion of Transparency in Mortgage Contracting in the Community of Madrid.

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

  • Royal Decree Law 27/2012, of November 15, on urgent measures to strengthen the protection of mortgage debtors.

Consumer credit:

  • Directive 2008/48 / EC of the European Parliament and of the Council of 23 April on consumer credit agreements and repealing Council Directive 87/102 / EEC.

  • 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.

  • Order EHA / 1718/2010 of June 11 of the Ministry of Economy and Treasury (BOE of June 29), of regulation and control of the publicity of services and banking products, developed by Circular 6/2010 of September 28 Bank of Spain (BOE of 11 October), to credit institutions and payment institutions, on advertising services and banking products. Order EHA / 1717/2010, of June 11, of the Ministry of Economy and Finance (B.O.E., June 29), regulating and controlling the advertising of services and investment products.

  • Decree 123/2008 of 1 July of the Department of Industry, Commerce and Tourism and the Department of Culture of the Basque Country (B.O. Basque Country of July 16), on the linguistic rights of consumers and users.

  • Law 22/2010 of 20 July of the Parliament of Catalonia (DOGC of July 23), of the Consumption Code of Catalonia.

  • Royal Decree-Law 16/2011, of October 14 (BOE of October 15), by which the Deposit Guarantee Fund of Credit Institutions is created and Royal Decree 628/2010 of May 14 of the Ministry of Economy and (BOE of June 3), which amended Royal Decree 2606/1996, of December 20 (BOE of December 21), on deposit guarantee funds in credit institutions and Royal Decree 948/2001 , of August 3 (BOE of August 4), on systems of compensation of investors.

  • Circular 5/2012, of 27 June, of the Bank of Spain (B.O.E., of July 6), to credit institutions and payment service providers, on the transparency of banking services and the responsibility for granting loans.

Payment Services:

  • Directive 2007/64 / EC of the European Parliament and of the Council of 13 November on payment services in the internal market, amending Directives 97/7 / EC, 2002/65 / EC, 2005 / 60 / EC and 2006/48 / EC and repealing Directive 97/5 / EC.

  • Law 16/2009 of November 13 (B.O.E., November 14), of Payment Services, developed by Order EHA / 1608/2010 of June 14 of the Ministry of Economy and Finance (B.O.E., June 18).

  • Order EHA / 1608/2010, of June 14, on transparency of conditions and information requirements applicable to payment services.

  • Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March establishing technical and business requirements for transfers and direct debits in euros and amending Regulation (EC) No 924/2009.

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

  • Royal Decree 712/2010, of 28 May, of the Legal Regime for payment services and payment entities.

Investment Services:

  • Law 24/1988, of July 28, on the Securities Market.

  • Royal Decree 217/2008, of February 15, of the Ministry of Economy and Finance (BOE of February 16), on the legal regime of investment services companies and other entities that provide investment services and partially amends the Regulation of Law 35/2003, of November 4, on Collective Investment Institutions, approved by Royal Decree 1309/2005 of November 4, developed by Order EHA / 1665/2010 of June 11 (BOE of June 23), of the Ministry of Economy and Finance in matters of tariffs and standard contracts.

  • Circular 7/2011, of December 12, of the National Securities Market Commission, on information brochure of rates and content of standard contracts.

  • Order ECC/2316/2015, of 4 November, relating to obligations on information and the classification of financial products.

Owners of currency exchange establishments:

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

Registration in the Bank of Spain

Registration details 

Legal documentation on accounts for individuals

Pre-information for the contract for individuals 

New Contract for the Provision of Services for Individuals (7.2017 edition) Includes the Payment Services Contract

MIFID Information Brochure 

MIFID Incentives 

Legal documentation on accounts for companies

  • Current contract: Effective until 01 October 2017 and only applicable to customers with contracts prior to 09 June 2017.

Contract for the Provision of Services for Legal Persons. (1.2016 edition)

Payment services framework contract

  • New contract:

Effective from 9 June 2017 for new customers from this date.

Effective from 2 October 2017 for customers with contracts prior to 9 June 2017.

New Contract for the Provision of Services for Legal Persons (7.2017 edition) Includes Payment services framework contract

MIFID Information Brochure 

MIFID Incentives 

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

Other Information

Legal Terms and Conditions, Draws and Promotions

Check the current legal terms and conditions for Openbank promotions.

Promotion winners

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