Act No. 43 / 2013 Coll.
Act amending Act No. 145 / 2010 Coll., on Consumer Credit and amending certain laws
Valid
Effective from 25.02.2013
43
THE LAW
of 31 January 2013
amending Act No. 145 / 2010 Coll., on Consumer Credit and amending certain laws
Parliament has decided on this law of the Czech Republic:
Act No. 145 / 2010 Coll., on Consumer Credit and on the amendment of certain laws, is amended as follows:
1. Paragraph 1, including the title and footnote 1, reads as follows:
Subject matter
This law implements the relevant European Union1 provisions and regulates certain rights and obligations relating to consumer credit. Consumer credit means deferred payment, loan, loan or other similar financial service provided or promised to the consumer by the creditor or intermediary.
1) Directive 2008 / 48 / EC of the European Parliament and of the Council of 23 April 2008 on consumer credit contracts and repealing Council Directive 87 / 102 / EEC. Commission Directive 2011 / 90 / EU of 14 November 2011 amending Part II of Annex I to Directive 2008 / 48 / EC of the European Parliament and of the Council establishing additional assumptions for the calculation of the annual percentage rate of costs. ';
2. In Article 2 (b), the words "where it is not 'are replaced by the words" with the exception of contractual relations in which it is' and the words "purchase of the subject-matter of the contract 'are replaced by the words" or any other possibility of acquiring ownership'.
3. In Article 2 (c), the word "or 'is replaced by" a';
4. In Paragraph 2 (e), the words "the contract in which the consumer credit is negotiated shall be deemed to be a contract 'shall be replaced by the words" the law shall apply to the contract'.
5. in Article 3 (e), the words "with the exception of the costs of the service of a notary" shall be inserted after the words "known to the creditor."
6. Paragraph 5 (2) reads as follows:
"(2) The information listed in Part I of Annex 2 to this Act shall be provided using the form set out in Annex 6 to this Act. The information listed in Part II of Annex 2 to this Act shall be provided using the form set out in Annex 7 to this Act. ';
7. Paragraph 5 (3) reads as follows:
"(3) By providing the information referred to in paragraph 2, the creditor has complied with the information obligation under the law governing the financial services contract concluded at a distance of 10). '.
Footnote 10:
"10) § 54b of the Civil Code, as amended."
8. Paragraph 5 (6) and (7) read:
"(6) Where a consumer credit is offered or negotiated by an intermediary, the intermediary shall provide the consumer with information and appropriate explanations in the same way as the creditor is obliged to. This shall be without prejudice to the obligations of the creditor; If one of the obligations of the intermediary is fulfilled, it shall be deemed to have been fulfilled by the creditor.
(7) The obligation to provide the information and explanations referred to in paragraph 6 shall not apply to the seller or service provider acting as an intermediary of the tied consumer credit (§ 14). This shall be without prejudice to the obligation of the creditor to provide such information and explanation. ';
9. In the first sentence of Paragraph 6 (1), the words "the creditor is obliged to state in it 'are replaced by the words" must contain' and at the end of the first sentence the words "stated in a clear, concise and clear manner 'are added.
10. In Paragraph 6 (1), the following sentence is inserted after the second sentence: "If a part of the contract is determined by reference to the general terms and conditions, the creditor must add only that part of the terms and conditions relating to the contract concluded. The font size used shall not be less than that in the contract. ';
(11) In Article 7 (1), the third sentence is replaced by the following: "In the event of overdraft, the creditor is obliged to inform the consumer in paper form or on any other durable medium of any increase in the borrowing rate or fee, in due time before its entry into force, otherwise the change is not effective towards the consumer."
12. in Article 7 (2), the word "interest" shall be inserted after "change of reference," the word "interest" shall be inserted after "new reference," and the word "interest" shall be inserted after "new reference."
13. In Article 7, the following paragraph 4 is inserted after paragraph 3:
"(4) The creditor shall, for the duration of the consumer credit concluded for an indefinite period different from the consumer credit referred to in paragraph 3, provide the consumer with the information set out in Annex 4 to this Act at a reasonable intervals. ';
Paragraph 4 shall become paragraph 5.
14. in Article 7 (5), the words "on request" shall be inserted after the words "creditor to the consumer."
15.
Consequences of a breach of the information obligation
If the contract in which the consumer credit is negotiated,
(a) it is not in writing;
(b) does not contain the information set out in Annex 3 thereto; or
(c) has not been provided in at least one copy to the consumer in paper form or on another durable medium of data;
and the consumer applies this fact to the creditor, the consumer credit is considered to be interest-bearing at the discount rate applicable at the time of the conclusion of this contract published by the Czech National Bank and the arrangements for other payments on the consumer credit are void. '
16. In Article 9, at the end of paragraph 1, the sentence "The creditor shall grant the consumer credit only if, after assessing the creditworthiness of the consumer with professional care, it is clear that the consumer will be able to repay the consumer credit, otherwise the contract in which the consumer credit is negotiated is invalid."
17. in Paragraph 10 (1), the words "consumer costs" shall be replaced by "cash transactions."
18. In Paragraph 10 (2), the words "one of the obligations' are replaced by the words" one of the obligations'.
19. In Article 11, the words "in paper form or on another durable medium 'shall be added at the end of the text of paragraph 1.
20. In Article 11 (5), the word "closed 'is replaced by" closed'.
21. In Paragraph 14 (3), the word "consumer" shall be inserted after the words "the tied contract shall also cease."
22. In Paragraph 14 (4), the words "in writing in due cause and above 'shall be inserted after the words" the service provider'.
23. In Article 15 (1), the words "a pro rata reduction in the total cost of the consumer credit 'are replaced by the words" a reduction in the total cost of the consumer credit by the amount of interest and other costs that the consumer would be obliged to pay if the consumer credit had not been paid early'.
24. in Article 16 (2), the word "interest" shall be inserted after the word "reference."
25. Paragraph 17 (2) reads:
"(2) Where the consumer is to pay remuneration to the consumer credit intermediary for his services, the intermediary may not require payment of remuneration before informing the consumer, either in paper form or in another durable medium, of the outcome of the intermediary's activity, in particular the expression of all the creditors he has addressed in the intermediary's activity. ';
26. After Article 17, the following paragraphs 17a and 17b are inserted:
Contract in which the intermediary of consumer credit is negotiated
(1) A contract in which the intermediary of a consumer credit is negotiated must be concluded in writing between the intermediary and the consumer and must contain information on the right of the consumer to withdraw from the contract pursuant to Article 17b. If the intermediary's remuneration is to be paid by the consumer, the contract must be agreed upon.
(2) A copy of the contract referred to in paragraph 1 shall be forwarded to the consumer in paper form or on another durable medium.
(3) Where a contract in which the intermediary of a consumer credit is negotiated has not been concluded in accordance with paragraph 1, it is invalid.
Withdrawal from the contract in which the mediation of consumer credit is negotiated
(1) The consumer may withdraw from the contract in which the intermediary of the consumer credit is negotiated without giving reasons and without any penalty within 14 days of the date of conclusion of the contract, provided that the contract in which the consumer credit is negotiated has not been concluded before that date.
(2) The contract in which the mediation of consumer credit is negotiated may be withdrawn in writing pursuant to paragraph 1, in accordance with the information provided for in this contract on the right of withdrawal. The withdrawal period shall be deemed to be maintained if the withdrawal is sent to the intermediary not later than the last day of the period.
(3) Withdrawal of the contract shall be cancelled from the outset.
(4) Where an intermediary or a third party, under a contract between a third party and an intermediary, provides an ancillary service related to a contract in which the intermediary of a consumer credit is negotiated, the contract for the ancillary service shall also cease at the time of withdrawal from that contract. The intermediary shall inform the third party, without undue delay, of the date of withdrawal.
(5) Where only a means of distance communication has been used to conclude a contract in which the consumer credit is brokered, the provisions of the Act governing withdrawal from the Financial Services Contract, concluded at a distance (4) shall apply. ';
27. Paragraph 18, including the title, reads:
Excluding the use of a bill or cheque
(1) A note or a cheque may not be used to repay or secure the repayment of the consumer credit.
(2) The creditor and the intermediary are jointly and severally liable to the consumer for the damage caused by the breach of the obligation laid down in paragraph 1.
(3) A bill or a cheque may not be used to fulfil or ensure compliance with the obligation arising from the contract in which the intermediary of the consumer credit is negotiated. The intermediary shall be responsible to the consumer for the damage caused by the breach of the obligation laid down in the first sentence. ';
28. the following Sections 18a and 18b are inserted after Section 18, including the headings and footnotes No 11:
Ensuring consumer credit
The provision of a consumer credit must not be in a manifestly disproportionate proportion to the value of the secured debt.
Use of a telephone number with a higher than normal price
When offering, negotiating or brokering consumer credit by means of voice telephone, text or multimedia messages, a telephone number for access to services with a price expressed in accordance with electronic communications legislation may not be used).
11) Act No. 127 / 2005 Coll., on electronic communications and amending certain related laws (Act on electronic communications), as amended. Decree No. 117 / 2007 Coll., on numbering plans for electronic communications networks and services, as amended. '
29.
(1) The creditor or intermediary commits an administrative offence by:
(a) fails to fulfil the obligation under Paragraph 4;
(b) fails to fulfil any of the obligations under Paragraph 6 (1);
(c) shall not provide the consumer, on request, with a copy of the draft contract referred to in Article 6 (2), free of charge;
(d) in contravention of Paragraph 18 (1), use a bill or cheque; or
(e) in contravention of Paragraph 18b, use the telephone number to access the price-based services.
(2) The creditor commits an administrative offence by:
(a) fails to fulfil any of the obligations laid down in Article 5 (1), (2) or (4);
(b) in contravention of Article 5 (5), does not provide the consumer with an adequate explanation;
(c) fails to fulfil any of the obligations under Paragraph 7 (3) or (4);
(d) fails to fulfil the obligation under Article 7 (5);
(e) fails to fulfil one of the obligations under Paragraph 9 (1);
(f) fails to fulfil any of the obligations under Paragraph 9 (4);
(g) in contravention of Article 11 (3), requires the consumer to continue to comply,
(h) in contravention of Paragraph 11 (4), inform, without undue delay, a third party providing an ancillary service related to a contract in which a consumer credit is negotiated of the date of withdrawal;
(i) in contravention of Paragraph 12 (1), the consumer's notice of an indefinite consumer credit agreed for an indefinite period by the consumer, or he or the consumer shall agree a notice period of more than 1 month;
(j) in contravention of Article 12 (2), negotiate a notice period for the benefit of the creditor of less than 2 months;
(k) in contravention of Paragraph 13, it shall not inform the consumer of the termination of the authorisation to draw consumer credit;
(l) in breach of Paragraph 14 (3), apply penalties against the consumer on account of the termination of the tied consumer credit agreement;
(m) contrary to Article 15 (1), it shall not allow the consumer to repay the consumer credit prematurely,
(n) requests reimbursement for early repayment in excess of the amount referred to in Article 15 (3);
(o) in breach of Article 15 (4), requests reimbursement of early repayment costs;
(p) fails to fulfil any of the obligations under Paragraph 16 (2);
(r) fails to fulfil the obligation under Paragraph 16 (3); or
(s) in contravention of Paragraph 18a, the consumer credit shall be secured in a manifestly disproportionate manner to the value of the debt secured.
(3) The intermediary commits an administrative offence by:
(a) fails to fulfil any of the obligations under Article 5 (6);
(b) fails to fulfil any of the obligations under Article 17 (1) or (2); or
(c) contrary to Article 17a (2), it shall not transmit to the consumer, either in paper form or on any other durable medium, a contract in which the mediation of the consumer credit is negotiated.
(4) A legal or commercial natural person, as a person entitled to process data on consumers for the purpose of assessing their creditworthiness, commits an administrative offence in breach of Article 9 (2)
(a) does not allow creditors having their registered office or place of business in another Member State of the European Union to access such data under the same conditions as creditors having their registered office or place of business in the Czech Republic; or
(b) it shall not disclose the terms and conditions of access by creditors to such data in a way that allows remote access.
(5) A fine shall be imposed for the administrative offence:
(a) up to 20 000 000 CZK if the administrative offence referred to in paragraph 1, paragraph 2 (a), (b), (e), (g), (l) to (s) or paragraph 3,
(b) up to 10 000 000 CZK if it is an administrative offence referred to in paragraph 2 (c), (d), (f) or (i) to (k),
(c) up to CZK 1 500 000 if it is an administrative offence referred to in paragraph 2 (h) or 4. "
30. in Article 22 (2), "§ 5 (1)" is replaced by "§ 5 (1), (3)";
31. in Article 22 (3), "§ 5 (1)" is replaced by "§ 5 (1), (3)," "§ 7 (1), (2) and (4)" is replaced by "§ 7 (1), (2) and (5)" and "§ 9 (2)" is replaced by "§ 9 (1), (2)."
32. In Annex No 1, point (b), the words "linked to consumer credit 'are replaced by the words" which form part of the total cost of consumer credit to consumers'.
33. In Annex 2, point (f) of Part I, the word "interest 'is inserted after the word" reference'.
34. In Annex No 2, in Part II (1) of the Introductory Part of the provision and in paragraph 3, the word "Article 'is replaced by" Parts'.
35. in Annex No 2, the word "interest" shall be inserted after the word "reference" in Part II (4) (a) (3).
36. in Annex 3, paragraph 1 (e), the word "interest" shall be inserted after the word "reference."
37. In Annex 5, point (e) of Part I, "k 'is replaced by" n'.
38. Annex No 5, Part II. The additional assumptions for the calculation of RPSN are as follows:
"II. Additional assumptions for the calculation of APSN
1. Where a contract in which a consumer credit is negotiated gives the consumer the freedom to draw, the total amount of the consumer credit shall be deemed to be exhausted immediately and in full;
2. Where a contract in which a consumer credit is negotiated generally provides for the freedom of drawing for the consumer, but provides for a limitation of the amount or period for the various ways of drawing, the total amount of the consumer credit shall be deemed to be exhausted at the earliest date laid down in that contract and in accordance with those limits;
3. where the contract in which the consumer credit is negotiated provides for different ways of drawing with different fees or borrowing rates, the total amount of the consumer credit shall be deemed to be exhausted at the highest fee and the highest borrowing rate applied to the most used drawdown mechanism for this type of contract;
4. in the case of overdraft, the total amount of consumer credit shall be deemed to be exhausted in full and for the entire duration of the consumer credit; If the duration of the consumer credit is not known, the APRC shall be calculated on the basis that the duration of the credit is 3 months;
5. In the case of a contract in which a consumer credit is negotiated, concluded for an indefinite period, which does not foresee the possibility of overdraft, it shall be deemed that:
(a) that the consumer credit is granted for a period of 1 year starting from the date of the first drawdown and that the final instalment made by the consumer balances the balance of principal, interest and any other charges;
(b) that the principal is paid by the consumer in equal monthly instalments starting 1 month after the date of the first drawing. Where the principal has to be fully repaid by a single instalment within each payment period, it is assumed that the subsequent drawdown and repayment of the entire principal by the consumer takes place for a period of 1 year. Interest and other charges shall be applied in accordance with the said drawing and repayment of principal and in accordance with the terms of the contract in which the consumer credit is negotiated;
For the purposes of this point, a contract in which a consumer credit is negotiated, concluded for an indefinite period, shall mean a contract in which a consumer credit is negotiated without a fixed duration, including consumer loans which must be fully repaid within or after a specified period, but are accessible for further drawing once they have been repaid;
6. in the case of contracts in which the consumer credit is negotiated, other than in the form of an overdraft and other than an indefinite period of time referred to in points 4 and 5,
(a) if the date or amount of repayment of the principal to be made by the consumer cannot be established, the payment shall be assumed to be made at the earliest date specified in the contract in which the consumer credit is agreed and for the lowest amount provided for in that contract;
(b) if the date of conclusion of the contract in which the consumer credit is concluded is not known, it is assumed that the date of the first drawing shall be the date resulting from the shortest interval between that date and the date of the first payment to be made by the consumer;
7. If the date or amount of payment to be made by the consumer cannot be established on the basis of the contract in which the consumer credit is agreed or the assumptions set out in points 4, 5 or 6, the payment shall be assumed to be made in accordance with the dates and conditions required by the creditor and, if this information is not known,
(a) interest shall be paid together with the repayment of the principal;
(b) the additional costs of the consumer credit different from the interest expressed in a single sum shall be paid on the date of conclusion of the contract in which the consumer credit is negotiated;
(c) the additional costs of the consumer credit different from the interest expressed as several payments shall be paid at regular intervals starting on the date of the first repayment of the principal and, if the amount of such payments is not known, it shall be assumed to be the same amount;
(d) the final payment shall balance the balance of the principal, interest and any other charges;
8. If the total amount of consumer credit has not yet been agreed, it is expected to amount to CZK 37 800;
9. Where different borrowing rates and fees are offered for a limited period or for a limited amount, the highest borrowing rate and the highest fees shall be considered for the entire duration of the consumer credit as the respective borrowing rate and charges;
10. For contracts in which a consumer credit is negotiated, where a fixed borrowing rate is agreed in relation to the initial period at which a new borrowing rate is set at the end of which the new borrowing rate is subsequently adjusted on a regular basis according to the agreed index, the calculation of the APRC shall be based on the assumption that at the end of the fixed borrowing rate the borrowing rate is the same as at the time of the calculation of the APRC on the basis of the value of the index agreed at that time. ';
39. Annexes 6 and 7 shall read as follows:
"Annex 6 to Act No 145 / 2010 Coll.
FORM FOR STANDARD INFORMATION ON CONSUMER CREDIT
Příloha č. 7
Annex No 7 to Act No 145 / 2010 Coll.
FORM FOR INFORMATION ON CONSUMPTION CREDIT PROVIDED IN THE PERIOD OF EXAMINATION AND FOR THE PURPOSE OF CONTRACTING A NEW TREATY FOR WHICH A PAYMENT OR A CHANGE OF PLANNING IS DESIGNED
Transitional provisions
1. Legal relationships arising from contracts in which consumer credit or consumer credit is negotiated before the date of entry into force of this Act shall be governed by Act No. 145 / 2010 Coll., as effective until the date of entry into force of this Act.
2. Legal relations related to the use of a bill or cheque before the date of entry into force of this Act are not affected by the entry into force of this Act.
3. If the information contained in Annex 2 to Act No. 145 / 2010 is provided on the form set out in Annexes No. 6 and 7 to Act No. 145 / 2010 Coll., as effective until the date of entry into force of the Act, within one year of the date of entry into force of the Act, it shall be deemed to be provided in accordance with Act No. 145 / 2010 Coll., as effective from the date of entry into force of the Act.
Efficacy
That law shall take effect on the day of its publication, except for Article 1 (10), which shall take effect on 1 January 2014.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 43 / 2013 Coll., amending Act No. 145 / 2010 Coll., on Consumer Credit and amending certain laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.02.2013 |
|---|---|
| Effective from | 25.02.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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