A Bank in Frankfurt Refused You a Basiskonto: Ten Business Days, Four Legal Grounds, and Three Ways to Fight a Rejection
Anyone lawfully staying in the EU has a legal right to a basic account (Basiskonto), including people without a fixed address, asylum seekers and tolerated persons. A bank that offers current accounts to consumers must offer you the contract within ten business days of your application, or refuse in writing with reasons, and it may refuse only on four grounds. If it refuses or stays silent, you can ask the BaFin for a free administrative procedure, apply to an arbitration board (in Frankfurt, the Bundesbank's Schlichtungsstelle as the fallback), or sue in a civil court. A residence paper called Fiktionsbescheinigung does not count as ID for this purpose.
A Right, Not a Favour
Opening a bank account in Germany is a practical problem for newcomers: no account, no salary payment, no rental contract, no mobile plan. The law closes the gap. Under § 31 of the Zahlungskontengesetz (ZKG), a bank that offers payment accounts to consumers must conclude a Basiskonto contract with any consumer who is lawfully staying in the EU. That includes people without a fixed address, asylum seekers and people without a residence title who cannot be deported. The BaFin adds that a Basiskonto works like a normal current account, with special protection against arbitrary rejection and termination.
Two conditions: you must apply expressly for a Basiskonto under the Zahlungskontengesetz, and the bank must be one that sells accounts to consumers. Every such bank has to provide the Basiskonto, so you are not limited to one. The BaFin’s independent account comparison lets you search for Basiskonten.
The Ten-Business-Day Clock
- ApplicationUse the bank's Basiskonto form (not mandatory, but the BaFin says it speeds things up and avoids later problems of proof). The bank must confirm receipt with a copy.
- Within ten business daysThe bank must offer the contract or refuse in writing (§ 31 and § 34 ZKG). The days run from a complete application.
- After you acceptThe bank must open the account within ten business days of the contract (§ 48 ZKG covers late opening as well).
- No answer or a refusalYou can ask the BaFin for a procedure, apply to an arbitration board or sue.
Keep a dated copy of your application and any confirmation. Everything that follows depends on being able to show what you asked for and when.
The Documents the Bank Can Ask For
The bank must verify your identity. According to the BaFin, valid official photo IDs that satisfy the passport and ID obligation in Germany are accepted, as are certain papers for people in the asylum and tolerated-stay systems:
- passports, ID cards and recognised replacement papers,
- the Aufenthaltsgestattung under § 63 AsylG,
- a Duldung certificate under § 60a Abs. 4 AufenthG,
- the Ankunftsnachweis under § 63a AsylG.
A Fiktionsbescheinigung under § 81 Abs. 5 AufenthG does not suffice, the BaFin states, and an expired document lets the bank refuse. If that is your situation, our page on an expired residence permit and the emergency appointment is the place to start, and our guide to the chicken-and-egg problem of bank, SIM and internet shows what else to line up. The Verbraucherzentrale also notes that banks must give additional support when you apply for a Basiskonto, such as general information about the right to the account, its functions and fees, also in other languages.
When a Bank May Say No
| Ground | What it means |
|---|---|
| Another usable account | You already hold a payment account at another bank in Germany that you can actually use. If it was terminated or will be closed, tell the bank |
| Offence | Convicted in the last three years of an intentional offence against the bank, its staff or its customers |
| Earlier termination | You had a Basiskonto at the same bank that was lawfully terminated for arrears or forbidden use (the BayernPortal adds: within the last year before your application) |
| Legal duties of the bank | The relationship would make the bank breach its money-laundering or banking-law duties, or its duty of confidentiality in giving reasons |
The bank must give you the reasons in text form, free of charge, unless that would endanger public security, according to § 34 ZKG. With the rejection it must also tell you about the BaFin procedure and the arbitration board, give you the board’s contact details and enclose the BaFin application form. If the letter is missing these items, say so in your next step.
Three Ways to Fight a Rejection
The BaFin lists three routes: ask for an administrative procedure, sue in a civil court, or turn to the competent consumer arbitration board.
1. BaFin administrative procedure. According to § 48 ZKG, you can ask the BaFin to start a procedure if the bank refuses your application, does not decide within ten business days, or does not open the account in time. Attach a copy of your application and of the rejection. If the refusal was unlawful, the BaFin orders the bank to conclude the contract or open the account, and the bank can object. The state service description says there is no fee and no fixed deadline, and that it is only for consumers who applied for a Basiskonto. You carry your own postage and lawyer costs, and you still have to sign the contract and identify yourself at the bank, since the BaFin cannot do that for you. The Bundesportal also offers a plain complaint to the BaFin, for example about an unlawful termination or an inappropriate fee.
2. Arbitration. The Schlichtungsstelle at the Bundesbank in Frankfurt (Wilhelm-Epstein-Straße 14) lists Basiskonten among its topics, but only as a fallback when no recognised private arbitration board covers the bank. Its procedure is free for consumers, takes about six months and ends in a proposal that nobody has to accept. It rejects your application if a BaFin procedure for the same claim is pending or has been finally decided, and you have to assure it that no such ground exists. The reverse also holds: under § 48 ZKG, a BaFin application for the same grounds is inadmissible while an arbitration procedure is pending, so do not start both at once.
3. Court. A civil lawsuit can force the account opening. Note that a BaFin procedure is inadmissible if you already sued over the same issue and the case is pending or decided, according to § 48 ZKG.
Because the routes exclude each other in places, the BaFin procedure is the usual first choice for a clean rejection. It is free, written and aimed at the exact question of whether the bank had a legal ground.
Step by Step
- Apply for the Basiskonto in writing, using the bank’s form, with a valid accepted ID.
- Keep proof of the date, the form and any confirmation.
- Count ten business days and note the bank’s answer.
- If refused or silent, read the stated reason against the four grounds.
- Apply to the BaFin for the administrative procedure, with copies of the application and the rejection.
- Sign the contract and identify yourself at the bank once the BaFin has ordered the account to be opened.
Compliance Note
This guide summarises §§ 31, 34, 48 and 49 ZKG and the pages of the BaFin, the Bundesportal, the BayernPortal, the Deutsche Bundesbank and the Verbraucherzentrale as read in October 2026. Procedures and forms change, and every case depends on its facts. This is not legal advice. Confirm the current steps with the BaFin or a consumer advice centre.
FAQ & Common Pitfalls
Who has a right to a Basiskonto?
According to § 31 ZKG and the BaFin, every consumer who is lawfully staying in the European Union, including people without a fixed address, asylum seekers and persons without a residence title who cannot be deported for legal or practical reasons. The right runs against every institution that offers current accounts to consumers. You must expressly apply for the account as a Basiskonto under the Zahlungskontengesetz, or agree this with the bank.
How fast must the bank answer?
Immediately and no later than ten business days after receiving your application. Under § 31 ZKG the bank must offer you the contract within that time and confirm receipt of your application with a copy. If it refuses, § 34 ZKG requires it to say so within the same ten business days. The BaFin adds that the ten days begin once you have filled in the application form completely. The bank must also open the account within ten business days after the contract is concluded.
On what grounds can a bank say no?
Only on a few. As the BaFin lists them: you already hold a usable payment account at another bank in Germany, you were convicted of an intentional offence against the bank, its staff or customers in the last three years, you had a Basiskonto with the same bank that was lawfully terminated for arrears or forbidden use (the BayernPortal adds: within the last year before your application), or the bank would breach its money-laundering or banking-law duties by taking you on. The bank may also refuse if you cannot identify yourself with a valid accepted document.
Which ID do banks accept?
The BaFin lists valid official photo IDs that meet the passport and ID obligation in Germany, such as passports, ID cards and replacement papers, the Aufenthaltsgestattung for asylum seekers, a Duldung certificate and the Ankunftsnachweis. A Fiktionsbescheinigung under § 81 Abs. 5 AufenthG is not enough, according to the BaFin. If your residence permit has expired and you only hold that certificate, see our page on the emergency residence permit appointment. The document must be valid, and an expired one allows the bank to refuse.
What must the rejection letter contain?
Under § 34 ZKG the bank must give you the reasons in text form and free of charge, in German unless agreed otherwise, unless that would endanger public security or breach a ban on passing on information. It must also tell you about the BaFin procedure, your right to turn to the arbitration board, and give you the board's contact details, and enclose the BaFin application form. If your rejection letter lacks this, mention it in your complaint.
How do I take the BaFin route?
You apply for an administrative procedure with the BaFin, using its PDF form or online form, and attach a copy of your Basiskonto application and a copy of the rejection, if there is one. The BaFin confirms receipt and checks whether you meet the conditions. If the bank refused unlawfully, the BaFin orders it to open the account (§ 49 ZKG). The procedure is free of charge, but postage and lawyer costs are yours, and the contract itself still has to be signed by you at the bank. You can also apply when the bank missed the ten days.
Is there an arbitration route in Frankfurt?
Yes. The Schlichtungsstelle at the Deutsche Bundesbank, Wilhelm-Epstein-Straße 14 in Frankfurt, is competent for disputes about Basiskonten, but only as a fallback: it does not take the case if a recognised private arbitration board exists for the bank. The procedure is free for consumers, takes around six months, and the board issues a proposal that nobody has to accept. It will refuse your application if a BaFin procedure for the same claim is pending or has been finally decided. The reverse holds too: under § 48 ZKG, a BaFin application for the same grounds is inadmissible while an arbitration procedure is pending, so choose the order deliberately.
Can the BaFin help if I only wanted a normal current account?
No. According to the BayernPortal description, an administrative procedure is not possible if you applied for an ordinary current account and the bank refused. It requires an application for a Basiskonto and a rejection or missing decision. The BaFin also accepts complaints about unlawful termination of a Basiskonto, missing help when switching accounts and inappropriate fees for a Basiskonto.