Payment Law - Zvg

Original Language Title: Zahlungsverzugsgesetz – ZVG

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_50/BGBLA_2013_I_50.html

50 federal law, with which the General civil law code, the company law book, the labour and social courts act, the landlord and Tenant Act, the consumer credit Act and the consumer protection act be modified (late payment Act - ZVG)

The National Council has decided:

Article 1

Change of the General Civil Code

The General Civil Code, DL No. 946/1811, as last amended by Federal Law Gazette I no. 58/2010, is amended as follows:

1 § 905 is amended as follows:

(a) in paragraph 1, the second sentence reads:

"For the size and weight of the place of performance is decisive.";

(b) the former paragraph 2 is omitted, and the previous paragraph 3 is (2) paragraph labeled.

2. the previous section 905a moves behind the new § 907a and receives the paragraph called "section 907 b.".

3. the previous section is 905 b paragraph labeled "§ 905a.".

4. after section 907 907a the following section shall be inserted:

"§ 907a. (1) a money debt is at the domicile or the establishment of the creditor to fulfil by the amount of money there is passed or transferred to a bank account known by the creditor. Have after the emergence of the claim of residence or establishment of the creditor or its bank details changed, the Certificateholder bears this caused increasing the risk and the cost of compliance.

(2) is a debt satisfied by bank transfer, so the debtor time to grant the transfer order has, that the amount owed when due on the account of the creditor is in value. If the maturity date is not in advance, but the due date is only triggered by provision of consideration, billing, payment or a similar circumstance, the debtor has to grant the transfer order without undue delay after the occurrence of the maternity relevant for the due date. The debtor bears the risk for the delay or failure of the credit to the account of the creditor, unless the cause for it not is at the Bank of the creditor."

5 the following sentence is added to § the 1100:

"Renting a room the rate is monthly, and each on the fifth of the month, to pay."

6 the following sentence is added to § in 1417:

"§ 907a para 2. applies for the payment period for fulfilment of a payment due by wire transfer"

7. in article 1420 is clip quote (§ 905) through the bracket quote "(§ 905, § 907a Abs. 1)" replaced.

8 § 1503 is amended as follows:

(a) the existing text is paragraph labeled (1);

(b) the following paragraph 2 is added: ' (2) 1. " The §§ 905, 907a, 1417 and 1420 in the version of the late payment Act, Federal Law Gazette I no. 50/2013, as well as the change of the paragraph designation of the previous § 905a in § 907 b and the previous § 905 b in § 905a by this federal law apply with 16 March 2013. The provisions apply in the version of the late payment Act to legal relationships, be justified from the 16 March 2013. On legal relationships that were established before March 16, 2013, are the existing provisions continue to apply; If such earlier justified legal relationships but repeated cash benefits, the new provisions apply to those payments that are due from March 16, 2013.

2. § 1100 I 50/2013, no. in amended by the late payment Act, Federal Law Gazette 16 March 2013 into force and applies in this version also on contracts, which were concluded before that date."

Article 2

Change of the company law book

The company law book, dRGBl. S 219/1897, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. in article 5, the second set is:

"The scope of the third book emerges of the fourth book of section 343, for its eighth section from section 189, but § 455, and the fifth book of the paragraphs 1 to 3."

2. § 352 shall be repealed.

3. before paragraph 454, the section heading 'Eighth section' is new section named "seventh section".

4. According to section 454, the section heading are

"Eighth section

Default of payment"

and then following paragraphs 455 to 460 complete with headings inserted:

"The scope of application

§ 455. This section applies to transactions between entrepreneurs, as well as for transactions between a contractor and a legal person of under public law.

Interest section 456. In delaying the payment of monetary claims, the statutory interest rate is 9.2 percentage points above the base interest rate. While the base interest rate that applies on the first calendar day of a half-year is critical for the respective half. As far as the debtor for the delay but not responsible, he has to be paid only in article 1000, paragraph 1 ABGB specific interest.

Duration of inspection or review procedures

Section 457. The duration of a legally or contractually provided acceptance or verification procedure for determining the contractual provision must be within 30 days from the receipt of the goods or of rendering of the service. The agreement of a longer period can be made expressly and is permitted only insofar as this is not grossly disadvantageous for the creditors.

Compensation for debt collection costs

section 458. In delaying the payment of monetary claims, the creditor is entitled to demand a lump sum of 40 euros as compensation for any collection costs by the debtor. For the reimbursement of operating costs, which exceed the lump sum, section 1333, paragraph 2 ABGB shall apply.

Grossly disadvantageous contract terms or commercial practices

459 (1) a provision of this agreement on the date of payment, the payment deadline, the default interest rate or compensation for collection costs is void if it is grossly disadvantageous for the creditors. Nor legal effects can be derived from a business practice relating to these issues, if it is grossly detrimental to the creditors.

(2) for the evaluation of coarse re-introduced a treaty provision or business practice is particularly taken into account to what extent different from the exercise of bona traffic, whether there is an objective reason for this divergence and to which performance of the contract it is. When a provision of the Treaty agreed at the expense of the creditor through a deviating from § 456 different amount of arrears or a of § 458 first set amount of the flat-rate compensation is also to consider whether there is an objective reason for this divergence.

(3) the agreement of a payment period of up to 60 days is not grossly disadvantageous.

(4) the exclusion of interest on arrears is at least grossly disadvantageous.

(5) the exclusion of compensation for debt collection costs according to section 458 considered coarse adversely, if he is not exceptionally justified in the circumstances of the respective legal business.

Class action

460. (1) an entrepreneur who in the course of trade without objective justification used grossly disadvantageous contract provisions in the sense of § 459 or exerts roughly adverse business practices in this sense, can be sued by associations to promote economic interests of entrepreneurs to refrain, as far as these associations represent interests that are affected by the action. The injunctive relief can be also by the Economic Chamber Austria and the Conference of Presidents of the Chambers of Agriculture of Austria asserted. The § § 1984, 24, 25 3 to 7 and 26 UWG are to apply by analogy.

(2) that there is danger of use of such contractual provisions or the exercise of such practices when the entrepreneur secured after warning by the aggregation action authorized pursuant to paragraph 1 within a reasonable period of time one with an appropriate penalty (paragraph 1336 ABGB) emits cease and desist."

5 25 the following section is added to section the 906:

"I 50/2013, the change of the section title before paragraph 454 by this federal law, as well as the repeal of § 352 by this federal law No. (25) § 5 and the eighth section of the fourth book with the paragraphs 455 to 460 in the version of the late payment Act, BGBl. with 16 March 2013 into force. The provisions are amended by the late payment Act on contracts to apply, which will be closed from March 16, 2013. Are contracts that were signed before March 16, 2013. the existing provisions continue to apply"

Article 3

Change of the labour and social Court Act

The Federal law of 7 March 1985 on the labour and social courts, Federal Law Gazette No. 104/1985, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. in article 49a is replaced in the first sentence "eight" by the number "9.2".

28 the following paragraph is added to article 2. 98:

"(28) § 49a in amended by the late payment Act, Federal Law Gazette I no. 50/2013 effective with March 16, 2013. The mentioned provision is amended by the Act of default of payment on claims to use arising from 16 March 2013. Claims incurred before March 16, 2013, the previous provisions continue to apply are on."

Article 4

Change of tenancy law


The landlord and Tenant Act, Federal Law Gazette No. 520/1981, as last amended by Federal Law Gazette I no. 29/2010, is amended as follows:

In section 15, paragraph 3 reads:

"(3) the lessee the rent, if no later date of payment is agreed to be paid in advance to the fifth of each month. The landlord has to announce a traffic suebliches bank account to him for that."

Article 5

Amendment of the consumer credit Act

The consumer credit Act, Federal Law Gazette I no. 28/2010, is amended as follows:

1. in annex I, part II is:

"II. There are the following additional assumptions for the calculation of the annual percentage rate:"

(a) is the consumer to the credit agreement free, when he wants to take the credit claim the entire credit than immediately in the full amount claimed is taken.

(b) is the consumer according to the loan agreement generally free, when he wants to take the credit claim, however, depending on the type of use restrictions on loan amount and period, so the entire credit is deemed to be accepted to the earliest possible date with the corresponding limits in claim provided for in the credit agreement.

(c) the credit agreement provides different types of use with different cost or nominal interest rates, so the entire credit deemed at the highest cost and the highest borrowing rate, as they apply to the category of transactions that occur most commonly in this type of credit agreement.

(d) in the case of an overdraft facility the total amount of the credit is considered to be in full amount and for the entire duration of the credit agreement claims. The duration of the overdraft facility is not known, so is assumed when calculating the APR from the assumption that the duration of the credit agreement is three months.

e) for open-ended credit contracts are no overdraft facilities, it is assumed that i) granted the credit from the first use for a period of one year and that the last payment of the consumer of the balance, the interest and any other costs are balanced;

(ii) the amount of credit in equal monthly payments, starting one month after the date of the first use will be returned. Must the credit amount will be however fully refunded, in the form of a one-time payment during each payment period, it is believed that future utilization and repayment of the total amount of the credit by the consumer take place within a year. Interest and other costs are set according to these drawdowns and repayments, and according to the provisions of the credit agreement.

Unlimited credit contracts is deemed to be credit agreements for the purposes of this point without a fixed period, including such loans where the loan amount within or after the expiry of a period must be repaid in full, but again can be claimed.

f) for other credit agreements which are not overdraft facilities or permanent loans (see the assumptions described in d, e), the following applies: i) can not be determined the timing or the amount of a payment to be paid by the consumer, so it is assumed that at the earliest possible date referred to in the credit agreement and the lowest amount laid down therein will be.

(ii) the date of conclusion of the credit agreement is not known, so is assumed, that the loan was taken for the first time at the time, which results from the shortest interval between this time and to be paid the due date of the first consumer payment.

g) the timing or the amount of a payment to be paid by the consumer by the credit agreement or the assumptions can be after the letters d, e or f determine, so it is assumed that the payment in accordance with the conditions and time limits determined by the lender, and that, if these are not known, i) interest payments together with the repayments are made , ii) payments for costs, which are not interest and which are expressed as an amount of time, when concluding a credit agreement, iii) payments for costs, which are not interest and which are expressed as a multiple payments, be made starting with the first payment on a regular basis and, if the amount of these payments is not known, it's each equal amounts, (iv)) with the final payment of the balance , the interest and any other costs are balanced.

h) still no credit limit was agreed as an upper limit in the amount of EUR 1 500.

i) different borrowing rates and costs are offered for a limited period or amount, the highest interest rate and the highest costs be adopted as the borrowing rate or costs for the duration of the credit agreement.

(j) for consumer credit contracts, which for the initial period, a fixed nominal interest rate was agreed after which a new borrowing rate is set then adjusted at regular intervals according to an agreed indicator, is assumed when calculating the APR from the assumption that the borrowing rate from the end of the fixed interest period corresponds to the nominal interest rate, resulting from the value of the agreed indicator at the time of the calculation of the annual percentage rate of charge."

2. in annex II, the last two columns in the table are "3. borrowing costs" to the point:

 



(if applicable)

Obligation to pay notarial fees



Costs for late payment

Missed payments can have serious consequences for you (E.g. forced sale) and make obtaining a loan.



In case of payment delay will give you [... (applicable interest rate and arrangements for its adjustment and, where appropriate, delay costs)] calculated.

3. in annex III, the last column in the table is "3. borrowing costs" to the point:

 



Costs for late payment



In case of payment delay will give you [... (applicable interest rate and arrangements for its adjustment and, where appropriate, delay costs)] calculated.

The following paragraph 8 is added to § 4. 29:

"(8) Annex I in amended by the late payment Act, Federal Law Gazette I no. 50/2013, into force on January 1, 2013."

Article 6

Change of the consumer protection act

The Consumer Protection Act, Federal Law Gazette No. 140/1979, amended by Federal Law Gazette I no. 100/2011, is amended as follows:

1. pursuant to section 6, the following section 6a together with heading is inserted:

"The fulfilment of a money debt

§ 6a. (1) if not according to the nature of the contractual relationship - such as step by step to fulfilling contracts - cash is usual traffic, the operator has to announce a traffic suebliches bank account to the consumer for the fulfillment of its debt. This does not apply if a certain different kind of fulfillment — in the way of collect or credit card - has been agreed.

(2) is met by bank transfer the money debt of a consumer against a contractor, so first set LC - even at a predetermined specific maturity sufficient's derogation for the timeliness of performance - 907a, para 2, that consumers granted the payment maturity on the day."

2 28 the following paragraph is added to § the 41a:

"(28) Section 6a in the version of the late payment Act, Federal Law Gazette I 50/2013, is no. 16 March 2013 in force and is in this version on contracts to apply, which will be closed from March 16, 2013. On contracts signed before March 16, 2013, are the existing provisions continue to apply; If such contracts previously concluded however repeated cash benefits, the new provisions apply to those payments that are due from March 16, 2013."

Article 7

Expiry of

At the end of the 15 March 2013 article is V the interest law amendment Act, Federal Law Gazette I no. 118/2002, override.

Article 8

Entry into force, transitional provision, enforcement

(1) article 4 of the Federal Act shall enter into force March 16, 2013. He is to apply also to contracts entered into before that date.

(2) article 7 of this federal law shall enter into force March 16, 2013.

(3) with the execution of this federal law, the Federal Minister of Justice is responsible.

Article 9

Implementation note

With this federal law be 2011/7/EU directive combating late payment in commercial transactions, OJ No. L 48 of February 23, 2011, p. 1, and the policy 2011/90/EC amending Annex I part II of Directive 2008/48/EC with additional assumptions for the calculation of the annual percentage rate, OJ No. L 296 of November 15, 2011, S. 35, implemented.

Fischer

Faymann