Act Amending And Adding Provisions On Credit Consumer And Mortgage Credit In Several Books Of The Code Of Law Economics (1)

Original Language Title: Loi portant modification et insertion de dispositions en matière de crédit à la consommation et de crédit hypothécaire dans plusieurs livres du Code de droit économique (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2016011178&caller=list&article_lang=F&row_id=1&numero=23&pub_date=2016-05-04&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2016-05-04 Numac: 2016011178 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy April 22, 2016. -Law amending and insertion of provisions on credit consumer and mortgage credit in several books of the Code of law economic (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The House of representatives has adopted and we sanction the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
Chapter 2 changes of book I of the Economic Law Code arts. (2A article I.9 of the Code of economic law, inserted by the law of April 19, 2014, the following changes are made: 1 ° 41 °, f) is replaced by the following: 'f) costs opening and holding a given account, use of a means of payment to perform both operations and samples from this account as well as other expenses related to payment transactions. in all cases where the opening or operation of an account is compulsory to obtain the credit or to obtain it the announced conditions. Even though the opening of the account would be optional, for a consumer credit, costs related to this account shall be indicated by clear and distinct manner in the credit agreement or any other contract with the consumer; »;
(2 ° 41 °, paragraph 1, is completed by the g) and (h)), worded as follows: 'g) the fees of the property if this expertise is required for the credit requested;
h) security costs. »;
3 ° 41 °, paragraph 2 is supplemented by the c), as follows: 'c) registration and transcript of a real estate transfer fees;';
4 ° the 39 ° is supplemented by the following subparagraph: "the contract by which a mortgage is given to safety of an appropriation as referred to in article 80, paragraph 3, of the mortgage of December 16, 1851 law, is not considered a contract of credit within the meaning of the present book, for as much as this agreement contains no provisions contrary to the present book;"
5 ° 44 ° is supplemented by the following paragraph: "for mortgages with a real estate destination, the borrowing rate on annual basis I is the result of the comparison: (1 + i) n = (1 + I), where i is the rate periodical and n is the number of periods in the year;"
6 ° a 44 / 1 ° shall be inserted, worded as follows: ' 44 / 1 ° periodic rate: the rate, expressed as a percentage per period from which interest for the same period are calculated; »;
7 ° 53 ° is replaced by the following: ' (53 ° mortgage security: a security interest that can take the following forms: a) a mortgage or a lien on a building or pledging of a claim secured in the same way, or (b)) (the subrogation of one or more third parties in the rights of a creditor on a building, or c) the right to seek a mortgage. even if this right is laid down in a separate Act, or d) the mortgage for the benefit of the person who constitutes a security interest; »;
8 ° the 53 / 1 °, 53 / 2 ° and 53 / 3 ° shall be inserted, worded as follows: ' 53 / 1st mortgage with a real estate destination: the credit contract secured by a right related to immovable property for residential use or a mortgage security that is intended to finance the acquisition or retention of rights real estate as well as the costs and taxes y related. , or the refinancing of the same credit agreement.
Is also considered a mortgage loan with a real estate destination: has) the credit agreement not secured by a mortgage to finance the acquisition or retention of rights in rem, with the exception of the renovation of real property;
b) the credit agreement for the acquisition or retention of a vessel as referred to in article 2, paragraph 1, of the Act of 26 March 2012 on the registration of inland navigation vessels other inland navigation vessels referred to in article 271, of book II of the Code of commerce;
53 / 2nd mortgage with a security destination: the credit contract secured by a right related to immovable property for residential use or a mortgage security that is not intended to acquisition or conservation of rights in rem and the costs and taxes y, or the refinancing of the same credit agreement;
53 / 3 ° mortgage credit: credit which may be a credit mortgage both with a security that real estate destination. »;
9 ° 75 ° is repealed;
10 ° article is supplemented by the 84 ° to 92 °, worded as follows: ' 84 ° assessment of creditworthiness: the evaluation of the prospects for repayment of the debt in respect of the credit agreement;
85 ° consulting services: the provision of personal recommendations to a consumer in relation to one or more transactions in credit agreements;
86 ° conditional commitment or guarantee: a credit agreement that serves as a guarantee to a separate, but auxiliary operation, and in which the capital guaranteed by a well real estate is taken only if one or more of the events mentioned in the contract occur;
87 ° credit in shared funding agreement: a contract of repayable capital credit is based on a percentage, established contractually, the value of the property at the time of the refund or refunds of capital;
88 ° tying: the fact to propose or sell as lot, a credit agreement at the same time as other products or separate financial services, when the credit agreement is not proposed to the consumer separately;
89 ° bundle sale: the fact to propose or sell a credit agreement in the form of lot, while other products or separate financial services, the credit agreement is also proposed to the consumer separately, but not necessarily under the same conditions where it is proposed way bundled with ancillary services;
90 ° credit in foreign currency contract: a contract of credit where the credit is: has) denominated in one currency other than that in which the consumer receives the income or owns the assets on the basis of which credit must be repaid. or (b)) denominated in one currency other than that of the Member State where the consumer resides;
91 ° terms of payment: the period from: has) when the lender has put at the disposal of the consumer a sum of money or purchasing power, or where began the granting of the enjoyment of property or the provision of such goods or the provision of a service and when the consumer should have made the first payment;
(b) two successive moments where the consumer must have a payment;
92 ° the amount of a term: the amount of a payment that the consumer must have completed at the end of each term of payment. ».
CHAPTER 3. -Changes in Book VII, title 1 of the Code of economic law art. 3. in the same Code, article VII.1 inserted by the law of April 19, 2014, is complemented by the 6th, as follows: "6 ° Directive 2014/17/EU of the European Parliament and of the Council of February 4, 2014, on contracts for consumer credit relating to the immovable property for residential use and amending directives 2008/48/EC and EU-36-2013 and Regulation (EU) no 1093/2010."
CHAPTER 4. -Changes in Book VII, Title 4, Chapter 1, of the Code of economic law Art. 4A article VII.64, § 1, of the same Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° in the introductory sentence of paragraph 1, the words "means a representative example" are repealed;
2 ° in the paragraph 1, 6 °, the words "and the amount of the instalments' are replaced by the words"and the terms of payment";
3 ° in paragraph 2, the words 'The King determines for any advertising, regardless of the medium used, the size of the characters', shall be replaced by the words 'The King may determine for any advertising, regardless of the medium used, the size of the characters';
4 ° 1st paragraph is completed with the following paragraph: "the information referred to in paragraph 1, are referred to using a representative sample and it is always followed. '' The King lays down criteria to determine this example. ».
S. 5. article VII.66 of the Code, inserted by the law of April 19, 2014, is repealed.
S. 6 A article VII.70, § 1, of the same Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° to 8 ° 'the amount, number and frequency of payments to be made by the consumer' shall be replaced by the words "amounts to a term, the terms of payment"; and the number of payments to be made by the consumer
2 ° paragraph 1 is supplemented by a paragraph worded as follows: "the lender and credit intermediary Act in the context of the development, the granting, intermediation or the provision of consulting services relating to credits formulas and, where appropriate, ancillary services to consumers or in the performance of a credit agreement, in an honest way. fair, transparent and professional, taking into account the rights and the interests of consumers. With regard to the granting, intermediation or the provision of consulting services relating to credit and, where appropriate, ancillary services;

activities rely on information about the situation of the consumer and any specific requests formulated by him, as well as the reasonable assumptions about the risks for the situation of the consumer on the duration of the credit agreement. » Art. 7 article VII.77, of the same Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° in the 1st paragraph of paragraph 1 the word "stringent" is every time inserted between words 'evaluation' and the words ' solvency '.
2 ° paragraph 3 of paragraph 1 is supplemented by a sentence read as follows: 'the requirements for access to Central or any other file that is used to assess the creditworthiness of the consumer or of a person who is a personal safety, or to check if this credit is maintained, cannot be discriminatory.';
3 ° a paragraph worded as follows is inserted between paragraphs 3 and 4 of paragraph 1: "the lender shall ensure that adequate procedures and information on which is based the assessment of creditworthiness are established, documented and maintained. It is therefor in the head of each consumer and, where appropriate in the head of the person who is a personal safety, a credit record in which the information based on which is based the assessment of creditworthiness are established, documented and maintained. »;
4 ° in the paragraph 2, paragraph 1 of the Dutch text, the words "verplichtingen" are replaced by the words "verbintenissen".
S.
8. in article VII.78, § 3, 3 °, of the same Code, inserted by the law of April 19, 2014, 'the amount, number and frequency of payments to be made by the consumer' shall be replaced by the words "amounts to a term, the terms of payment" and the number of payments to be made by the consumer
S. 9. article VII.79, paragraph 1, of the same Code, inserted by the law of April 19, 2014 and amended by the Act of October 26, 2015, is supplemented as follows: "where appropriate, it also indicates that the refusal is based on automated processing of data. ».
S. 10. in article VII.80, paragraph 2, of the same Code, inserted by the law of April 19, 2014, "by registered letter to the post office" shall be replaced by the words "by registered mail.
S. 11. in article VII.83, § 2, 1 °, of the same Code, inserted by the law of April 19, 2014, "by registered letter to the post office" shall be replaced by the words "by registered mail.
S. 12. in article VII.86, § 3, paragraph 1, of the same Code, inserted by the law of April 19, 2014 and amended by the Act of October 26, 2015, the second sentence is replaced by the following: 'Without prejudice to article VII.94, §§ 1 and 3, credit agreements, with the exception of the opening of credit, can predict the variability of the borrowing rate only in the cases and according to the rules laid down by articles VII.143 and VII.144.'.
S.
13. in article VII.92, paragraph 3, of the same Code, inserted by the law of April 19, 2014, 1 is replaced by the following: '1 ° consumer put the seller of the property or the service provider is by sending recommended to perform the obligations arising from the contract, without having obtained satisfaction within a period of one month from the date of shipment;'.
S. 14. in article VII.96, paragraph 2, of the same Code, inserted by the law of April 19, 2014, "by registered letter to the post office" shall be replaced by the words "by registered mail.
S. 15. in article VII.98, § 1, of the same Code, inserted by the law of April 19, 2014, "by registered letter to the post office" are each time replaced by the words "by registered mail.
S. 16. in article VII.103, of the same Code, inserted by the law of April 19, 2014, "by registered letter to the post office" shall be replaced by the words "by registered mail.
S. 17. in article VII.105, paragraph 1, of the same Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° in 1 °, "two deadlines" shall be replaced by the words "two amounts of a term" and the words "after the mailing of a registered letter containing implementation remains" are replaced by the words "after a recommended update containing remains."
2 ° in 3 °, the words "after the mailing of a registered letter containing implementation remains" are replaced by the words "after a recommended update containing remains".
S. 18. in article VII.106, § 2, paragraph 2, of the same Code, inserted by the law of April 19, 2014, 'after the mailing of a registered letter containing implementation remains' shall be replaced by the words "after a recommended update containing remains.
S. 19. in article VII.108, § 1, paragraph 1, of the same Code, inserted by the law of April 19, 2014, "by registered letter to the post office" shall be replaced by the words "by registered mail.
S. 20. in article VII.110, of the same Code, inserted by the law of April 19, 2014, "two deadlines" shall be replaced by the words "two amounts of a term.
S. 21. article VII.111 of the Code, inserted by the Act of April 19, 2014, is replaced by the following: «art.» VII.111. by way of derogation from article 2021 of the civil Code, the lender cannot take action against the surety and, where appropriate, against the person who constitutes a security interest, unless the consumer is in default of payment of at least two amounts of a term or an amount equivalent to 20 per cent of the total refund amount or the last deadline, and if after turning the consumer notice by registered mail the consumer is not executed within a period of one month after the registered delivery. ».
S. 22. at article VII.114 of the Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° paragraph 3 is supplemented by the following sentence: "the manner in which lenders pay their staff and credit intermediaries, as well as the way in which credit intermediaries remunerate their staff and their subagents, are not harming their obligation to act in an honest way. fair, transparent and professional, taking into account the rights and the interests of consumers. »;
2 ° article is supplemented by paragraphs 5 and 6 worded as follows: ' ' § § 5 5 Lenders comply, in the preparation and the implementation of their policy of remuneration of staff responsible for the assessment of creditworthiness, the principles outlined below in the manner and to the extent necessary taking into account size, their internal organisation and the nature, scope and the complexity of their activities: 1 ° the remuneration policy allows and promotes a healthy and effective risk management and does not encourage an outlet of risk exceeding the level of tolerated risk of the lender;
2 ° the remuneration policy is consistent with the business strategy, objectives, values and interests with long-term lender and includes measures to prevent conflicts of interest, including making sure the remuneration does not depend on the number and the proportion of applications accepted.
§
6. When lenders or credit intermediaries provide consulting services, the structure of the remuneration of the staff does not prejudice its ability to best serve the interests of the consumer and, in particular, does not depend on sales objectives. » .
S. 23. in article VII.119, of the same Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° in the § 1, 5 °, paragraph 4, the words "is communicated to the applicant by registered letter to the post office" shall be replaced by the words "is communicated to the applicant by registered mail.
2 ° paragraph 1, is supplemented by a 11 °, as follows: ' 11 ° organizations of mobilization within the meaning of article 2 of the law of August 3, 2012 on measures to facilitate the mobilization of debts in the financial sector. "
».
CHAPTER 5. -Changes in Book VII, Title 4, Chapter 2, of the Code of economic law Art.
24 Chapter 2, Title 4 of Book VII of the Code of economic law, inserted by the law of April 19, 2014, is replaced by the following: "Chapter 2. -Mortgage credit.
Section 1st. -Of advertising art. VII.123. § 1. Communication advertising and commercial as referred to in article I.8, 23 °, relative to credit contracts should be fair, clear and not misleading.
Any commercial and promotional communication mentions identity and, if applicable, the geographical address of the lender and credit intermediary which are relevant for the relationship with the consumer.
§ 2. Is prohibited any commercial and promotional communication for a contract of credit which is focused specifically on: 1 ° the consumer incentive, unable to deal with its debts, to make use of credit;
2 ° development of the ease or speed with which credit may be obtained;
3 ° incitement to reunification or the centralization of the current appropriations or which specifies that current credit agreements have little influence on the assessment of an application for credit or not.
Is also prohibited any commercial and promotional communication for a credit agreement that: 1 ° made reference to approval, a registration or a registration as a lender or credit intermediary;
2 ° referring to maximum global effective annual rates or the legality of

rates applied, gives the impression that these rates are only to be applied.
Any reference to the legally authorized maximum global effective annual rate and the maximum rate legally authorized must be presented in non-clear, legible and apparent or, where appropriate, audible and must indicate in a way says the annual percentage rate maximum legally authorized;
3 ° indicates that a credit agreement can be concluded without item of information to assess the financial situation of the consumer;
4 ° mentions another identity, address or quality than that provided by the advertiser as part of the approval, registration or registration;
5 ° to indicate a type of credit, only uses a different name that is used in the present book;
6 ° mentioned advantageous rates without indicating the particular or restrictive conditions to which the benefit of these rates is subject;
7 ° indicates with words, signs or symbols that the amount of the credit is made available in cash or money cash;
8 ° has the words "free credit" or words equivalent, other than the indication of the annual percentage rate;
9 ° in which the formulations that could trigger consumer of false expectations about the availability or cost of a credit;
10 ° promotes an act that must be considered to be a breach or a violation to this book or its orders.
S.
VII.124. § 1. Refers to any advertising which indicates an interest rate or figures related to the cost of the credit to the consumer, in a clear, concise manner and apparent the following basic information: 1 ° the identity of the lender or, where applicable, the credit intermediary;
2 ° where appropriate, the fact that advertising is a mortgage loan secured by one of the security referred to in article I.9, 53 °;
3 ° the borrowing rate, specifying if it is fixed or variable, or a combination of the two, accompanied by information on all charges included in the total cost of the credit to the consumer;
4 ° the amount of the credit;
5 ° the annual percentage rate, which appears on advertising at least as clearly as any interest rate;
6 ° the duration of the credit agreement;
7 ° where appropriate, the amount of the terms;
8 ° if applicable, the total amount owed by the consumer;
9 ° where appropriate, the number of terms of payment;
10 ° if necessary, a warning to the fact that any fluctuation of the exchange rate can influence the total amount owed by the consumer.
When the conclusion of a contract regarding an ancillary service, including insurance, is compulsory to obtain the credit or to obtain the advertised requirements, and the cost of that service cannot be determined beforehand, the obligation to enter into this agreement is mentioned in a clear, concise and prominent way with the annual percentage rate.
The information referred to in this paragraph are easy to read or clearly audible, as appropriate according to the medium used for the advertising communication.
§
2. The information referred to in paragraph 1, paragraph 1, 3 ° to 9 °, are mentioned means of a representative example and that is always followed. The King lays down criteria to determine this example.
The amount of the credit and the duration are based on the amount of the credit and the duration that depending on the type of credit agreement for which advertising is carried out, are representative of all the offerings of the creditor or credit intermediary or, where appropriate, to the financing of the products or services offered by the seller. If several types of credit agreements are available at the same time, a separate representative sample must be provided for each type of credit agreement.
§
3. The King may determine for any advertising, whatever the medium used, the size of the characters in relation to information on the nature of the operation, its duration, to the fixed character or variable borrowing rate, to the amount of refunds and the annual percentage rate and, if it's a promotional rate, the period during which the rate applies.
Section. 2 - of the prospectus.
S. VII.125. the lender and, where applicable, the credit intermediary provide free permanent availability of a general, clear and understandable information in the form of a prospectus, in a durable medium or in an electronic form.
These general information include at least the following: 1 ° the identity and geographical address of the party providing the information;
2 ° the possible aims of the credit;
3 ° forms of security, including, where appropriate the possibility that they are in another Member State;
4 ° the possible duration of credit contracts;
5 ° the types of available borrowing rate, indicating if they are fixed, variable or both, accompanied by a brief statement of the characteristics of a fixed rate and a variable rate, including the implications for the consumer. These rates as well as the potential costs and benefits can be added to the prospectus in the form of a separate document provided that the latter is dated and that this addition is mentioned in the prospectus even while a new representative example is mentioned;
6 ° in the case where credit in foreign currency contracts are available, the indication of the foreign currencies, with a description of the implications for the consumer, a credit denominated in foreign currency;
7 ° a representative example of the amount of the credit, the total cost of the credit to the consumer, the total amount payable by the consumer and the annual percentage rate. The King lays down criteria to determine this example.
The amount of the credit and the duration are based on the amount of the credit and the duration which, depending on the type of credit agreement which is contained in the prospectus, are representative of all the offerings of the creditor or credit intermediary or, where appropriate, to the financing of the products or services offered by the seller. If several types of credit agreements are available at the same time, a separate representative sample must be provided for each type of credit agreement;
8 ° the indication of other potential costs, not included in the total cost of the credit to the consumer, to be paid in connection with the credit agreement;
9 ° the range of different possible modalities of repayment of the loan to the lender the amount terms and the terms of payment;
10 ° if applicable, a clear and concise statement that respect for the conditions of credit contracts does not guarantee repayment of the amount of the credit taken;
11 ° the conditions directly related to early redemption;
12 ° the possible need to appraise the property and, where appropriate, the official in charge of ensuring the realization of this expertise and the costs possibly resulting for the consumer;
13 ° an indication of ancillary services to which the consumer is obliged to subscribe in order to obtain credit and, where applicable, the accuracy that these services may be acquired from one supplier other than the lender;
14 ° a general warning about the possible consequences of failure to fulfil the obligations deriving from the credit agreement.
In addition, General information contain: 1 ° a description of the types of credit that the lender grants or for which the credit intermediary involved;
2 ° the tariff of fees and allowances;
3 ° the nature of the contracts for which the lender or, where applicable, the credit intermediary requires that they be annexed;
4 ° the date from which the prospectus shall apply;
5 ° an indication of tariff rates, which: has) an indication of the periodic interest rate;
b) corresponding lending rates;
(c) all reductions and any increases that the lender grants to or imposes generally and habitually;
(d) the conditions for granting of reductions and above increases);
e) reference indices used in application of article VII.143;
6 ° the identity and address of the person responsible for the treatment of the files that will be consulted.
The parties may agree to reductions or increases derogating from the prospectus, if they are more favourable to the consumer or if they have been negotiated on its own initiative.
The King may expand the list of information to be provided in the prospectus.
Section 3. -Of formation of the credit subsection 1st contract. -Information request by the creditor and credit intermediary.
S. VII.126. § 1. In the context of the evaluation of the creditworthiness, lender and credit intermediary are required to ask the consumer seeking a credit agreement, as well as, where appropriate, to the person who is a personal safety, accurate and complete information the lender deems necessary in order to assess their financial situation and their faculties of reimbursement. The consumer and the person making a personal safety are required to respond accurately and complete.
These requests for information are proportionate and limited to what is necessary to make an appropriate assessment of creditworthiness. Lenders may seek clarification on the information received in response to these requests if necessary to enable the assessment of solvency.
The creditor or credit intermediary alerts the consumer that, when the lender is not able to conduct an assessment of solvency because the consumer chooses not to provide the information

or audit elements necessary for the evaluation of the creditworthiness, the credit cannot be granted. This warning can be transmitted in a standardised form.
In no case, the solicited information may relate to race, ethnic origin, sexual life, health, political, philosophical or religious activities and views or trade union or mutual membership.
§
2. The lender or, where applicable, the credit intermediary, shall respectively submit a credit application form or, if a form of request for information to the consumer and the person making a personal safety, in the form of a questionnaire describing all the information requested by the lender and/or credit intermediary in accordance with the § 1, paragraph 1. In order to produce proof of the obligations under this article, the lender is required to maintain this form also long collected credit has not been repaid. The information provided by the consumer or the person who constitutes a personal safety can only be received and processed by the persons referred to in article VII.119 § 1, and, where appropriate, through credit.
The lender and, if applicable credit intermediary States in a clear and simple, at the pre-contractual stage, what information is required and what supporting documents from verifiable independent sources, that the consumer must provide, and within what period the consumer must provide this information.
The questionnaire has the least respect to the goal of credit revenues, to dependants, ongoing financial commitments including the number and the amount debtor of current appropriations. The King may complete this list where the amount of the credit exceeds the 3.000 euro.
The questionnaire mentioned files which, in accordance with article VII.137 will be consulted.
§ 3. Applications referred to in paragraph 1 of subsection 2 shall at least contain the following data: 1 ° the tariff of costs claimed by the mortgage company.
2 ° a reference in the prospectus which is applicable and the indication of the place where it is available;
3 ° If the tariffs of the rates are added to the prospectus in the form of a separate document, the date such rates.
§ 4. The information is verified as appropriate, referring such and if necessary, independently verifiable documents.
Sub-section 2. -Of pre-contractual information art. VII.127. § 1. The lender and, where applicable, the credit intermediary, provides free consumer custom information that it needs to compare products of appropriations available on the market, assess their implications and take a decision informed as to whether to conclude a credit agreement.
These custom information as soon as possible, once the consumer transmitted the necessary information on its needs, its financial situation and its preferences in accordance with article VII.126 and as soon as possible before the consumer is bound by a credit agreement.
The customized information referred to in paragraph 1 are provided in a durable medium form 'Standardised European information (ESIS)' contained in annex 3 of the present book.
§ 2. ESIS is provided in a durable medium by the lender before or simultaneously with the submission of the credit supply. If the characteristics of the credit supply differ from information that was previously provided in ESIS then this offer is accompanied by new ESIS.
The lender and, if applicable credit intermediary who provided the ESIS to the consumer, shall be deemed having met the requirements of information to the consumer prior to the conclusion of a distance contract provided for in article VI.55 and deemed have complied with the requirements laid down in article VI.57 only when it has at least provided the ESIS prior to the conclusion of the credit agreement.
§
3. The submission of an offer of credit is required for a mortgage loan with a real estate destination as well as for mortgage credit with a movable destination which is accompanied by the creation of a mortgage security. It cannot be submitted if all costs which may be known by the lender are actually mentioned and included in the annual percentage rate.
This offer refers to the duration of the validity of the offer as well as all contractual conditions, including an array of depreciation of capital and the amount of accrued interest, or, in the case of reconstruction of the capital, the mention of the amount of the reimbursement of capital to the final maturity date of the credit. The supply of credit binds the lender for at least 14 days and may be accepted by the consumer at any time.
§ 4. If the credit is not intended to finance the acquisition or retention of rights in rem, ESIS is, for the purposes of this section, replaced by the SECCI referred to in annex 1 and if any 2 of this book.
§
5. En_cas_de communication by voice telephony referred to in article VI.56, the description of the main characteristics of the financial service referred to in article VI.56, paragraph 2, b), includes at least the points 2 to 6 of part A of annex 3 to this paper.
Sub-section 3. -Applicable to mortgage credit intermediaries article information requirements VII.128 § 1. In time before beginning mediation, the credit intermediary to the consumer on a durable medium provides the following information: 1 ° the identity and geographical address;
2 ° the register in which it has been registered, where applicable, the registration number and the means of checking this record;
3 ° If the credit intermediary is bound or works exclusively with one or more lenders. When the credit intermediary is bound or works exclusively with one or more lenders, it provides the name of the lenders on behalf of which it acts.
4 ° the procedures for consumers or other interested parties to file and to deal with complaints in accordance with the provisions of book XVI of this Code;
5 ° where appropriate, the existence of commissions or other incentives that lenders or third parties shall pay to the credit intermediary for his services under the contract of credit, as well as their amount, when it is known. When this amount is not known at the time of the communication of information, the consumer informed credit intermediary that the actual amount will be communicated at a later stage in ESIS.
§ 2. At the request of the consumer, credit brokers who receive a commission on the part of one or several lenders provide information about the different levels of commission payable by different lenders that provide credit contracts offered to the consumer. The consumer is informed of the fact that it has the right to require this information.
§ 3. Credit intermediary shall ensure that the subagent, in addition to the information to be provided under this section, indicates to any consumer, when it contacts or until it does business with him, in what capacity he is as well as credit intermediary it represents.
Subsection 4. -Adequate explanations s. VII.129. the lender and, where applicable, the credit intermediary, provides the consumer adequate explanations on the credit proposed (s) contract (s) and any services incidental to allow the consumer to determine if the or the credit contract (s) and the ancillary services proposed are adapted to its needs and its financial situation.
If applicable, explanations include the following: 1 ° the pre-contractual information to be provided pursuant to sections VII.127 and VII.128;
2 ° the main characteristics of the products proposed.
3 ° the specific effects that products offered may have on the consumer, including the consequences of default of payment by the consumer; and 4 ° when ancillary services are linked to a credit contract, an indication of the possibility or not to terminate each component separately and the implications of such a procedure for the consumer.
Subsection 5. -From general rules of behaviour s. VII.130. the creditor and credit intermediary acting in the context of the development of credit products, or the granting of intermediation or the provision of Council services to credit and, where appropriate, ancillary services to consumers or in the performance of a contract of credit, in an honest, fair, transparent and professional manner taking into account the rights and the interests of consumers. Activities relating to the granting, intermediation or the provision of consultancy services relating credit and, where appropriate, ancillary services, rely on information about the situation of the consumer and any specific request formulated by the latter, as well as assumptions reasonable with regard to the risks for the situation of the consumer on the duration of the credit agreement.
Sub-section 6. -The duty and consulting services.
S. VII.131. § 1. The lender and credit intermediary are required to search under credit contracts they offer

usually or for which they involved usually, the type and the amount of credit best suited, taking into account the financial situation of the consumer at the time of the conclusion of the contract and the purpose of the credit.
The lender and through credit, and only them, offer to the consumer counselling. In addition to the conditions and requirements laid down in this article, the lender and credit intermediary comply with articles VII.147/30, §§ 5 and 6, VII.164, § 1, paragraph 2, VII.165, § 1, paragraph 2, VII.180, § 2, 3 °, and VII.181, § 1, 1 ° and 2 °.
§ 2. The creditor and credit intermediary indicate explicitly to the consumer, in a given transaction, they are required to provide consulting services.
§ 3. The creditor and credit intermediary shall inform the consumer on a durable medium prior to the provision of advisory services or, where appropriate, before the conclusion of a contract for the provision of consulting services, if the recommendation will be based only on their own range of products in accordance with paragraph 4, paragraph 2, or on a wide range of products from the whole of the market , in accordance with paragraph 4, paragraph 3, so that the consumer can know the basis on which the recommendation is made.
The information referred to in the first subparagraph may be provided to the consumer in the form of additional pre-contractual information.
§ 4. The creditor and credit intermediary shall ensure to collect the necessary information on the personal and financial situation of the consumer and its preferences and its objectives in order to recommend the appropriate credit contracts. This recommendation is based on up-to-date information and takes into account the reasonable assumptions about the risks for the situation of the consumer for the duration of the proposed credit agreement.
The lender, the tied agent or subagent appointed by the latter, take into account a sufficiently large number of their range of products credit agreements and recommend, among them, one or more credit contracts tailored to the needs and the personal and financial situation of the consumer.
Credit broker or his subagent take into consideration a sufficiently large number of credit contracts available on the market and recommend, among them, one or several commercially available credit contracts that are tailored to the needs and the personal and financial situation of the consumer.
§ 5. The creditor and credit intermediary acting in the best interests of the consumer: 1 enquiring of the needs and the situation of it, and 2 in recommending contracts for credits adjusted in accordance with paragraph 4.
The creditor and credit intermediary challenge the content of the recommendation made by them on a durable medium.
The creditor and credit intermediary alert the consumer when taking into account its financial situation, a credit contract can induce specific risks for him.
§ 6. The use of the words "Council" and "Adviser" or similar terms is prohibited when consulting services are provided to consumers by a lender or a credit intermediary.
§ 7. It is prohibited to any person or entity having the lender or intermediary for these consulting services, including when it is outside any intermediation or credit granting, credit, to claim any compensation whatsoever, directly or indirectly to the consumer.
Sub-section 7. -The duty of investigation art.
VII.132. the lender cannot conclude credit agreement, or security agreement only after verification of the identification and appropriate data, based on:-the identity card referred to in article 6 of the law of 19 July 1991 on the population registers, identification cards, foreign cards and residence documents and amending the Act of 8 August 1983 organising a national register of natural persons;
-residence permit issued at the time of registration for the waiting registry referred to in article 1, § 1, paragraph 1, 2 ° of the Act of 19 July 1991;
-the identity of the passport card or the travel document in lieu thereof, issued to a foreigner not staying in the Kingdom, by the State where he resides or of which he is a national.
S. VII.133. § 1. The lender shall, before the conclusion of the credit agreement, the rigorous assessment of the creditworthiness of the consumer and checks that the consumer will be able to meet its repayment obligations. He also conducts the evaluation of the creditworthiness of individuals who have formed a personal safety.
Assessing the creditworthiness is carried out on the basis of sufficient, adequate and proportionate information relating to income and expenses of the consumer as well as other economic and financial criteria. These information are obtained by the lender with relevant external or internal sources including consumer, and include the information provided to the credit intermediary during the credit application process.
For this purpose, the lender is also obliged to consult the Central, with the exception of the overflow. The King fixed the modalities for this consultation. Conditions for access to the central or any other file that is used to assess the creditworthiness of the consumer or of a person who is a personal safety, or to check if this credit is maintained, cannot be discriminatory.
The lender shall ensure that adequate procedures and the information on which is based the assessment of solvency are established, documented and maintained. It is therefor in the head of each consumer and, where appropriate in the head of the person who is a personal safety, a credit record in which the information based on which is based the assessment of creditworthiness are established, documented and maintained. The King determines how the lender provides proof of the consultation of the Central as well as the period during which this evidence must be retained.
For the purposes of paragraphs 1 to 3, each increase of the amount of the credit involves the conclusion of a new credit agreement.
In addition, for contracts with a movable destination open-end credit, the lender is required to review each year, no later than the first working day following the anniversary date of the conclusion of the credit agreement, on basis of a new consultation of the Central, the creditworthiness of the consumer in accordance with paragraphs 1 to 3.
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2. The lender cannot conclude that if credit agreement, account in light of the information which it has or should have, he must reasonably estimate that the consumer will be able to fulfil the obligations arising from the contract.
Assessing the creditworthiness is not primarily based on the fact that the value of the property for residential use is greater than the amount of the credit or on the assumption that the property for residential use will increase its value.
A credit agreement may not be terminated or changed later at the expense of the consumer on the ground that the assessment of solvency was conducted incorrectly. This paragraph does not apply if it is established that the consumer has knowingly concealed or falsified information within the meaning of article VII.126.
§ 3. To assess the value of the property for residential use, the lender, for cases where it asks expertise, may not appeal to internal and external experts who are professionally competent and sufficiently independent of the credit underwriting process to provide impartial expertise and objective. These experts respond, where appropriate, to the legal conditions for access to the profession. The lender logs on a durable medium, the expert report.
The King may determine which occupations were empowered to achieve expertise referred to in the first subparagraph. It may also establish criteria to meet the experts.
For the expertise of real estate for residential use provided as mortgage security, the lender shall ensure that the highest standards are applied for expertise if it uses an internal expert or it takes reasonable steps to ensure that the standards are applied when the expertise is performed by a third party.
Subsection 8. -From the conclusion of the contract of credit art. VII.134. § 1. The credit agreement is concluded by the signature or electronic signature and is established on a durable medium conditions all contractual and particulars referred to in this article. All contracting parties having a distinct interest receive a copy of the credit agreement. Credit intermediary receives a copy of the offer of credit or, if any of the credit agreement.
The electronic signature referred to in paragraph 1 is:-by an advanced electronic signature realized on the basis of a certificate qualified and designed a device secure creation of electronic signature, referred to in article 4, § 4, of the law of 9 July 2001 laying down certain rules for the legal framework for electronic signatures and certification services , - or by another electronic signature that meets the criteria that the King may establish in order to ensure the identity of the parties, their consent on the content of the credit agreement and the maintenance of integrity

of this contract. In case of dispute, it is the responsibility of the lender to demonstrate that this electronic signature effectively guarantees these functions.
Amortization table, referred to in § 3, 4 °, of this article, is an integral part of the credit agreement.
For a line of credit with a security destination, subject to the right of withdrawal, the consumer makes precede its signature of the mention of the amount of the credit: "read and approved for... euros in credit. ». For all other credit agreements with a destination right and subject to the right of cancellation, the consumer prepends its signature of the reference to the total amount owed by the consumer: "Read and approved for... euros to reimburse.". In both cases, the consumer also brings the mention of the date and the exact address of the signing of the contract.
§ 2. The contract of credit or, where appropriate, the supply of credit, mentions, a clear and concise manner: 1 ° the type of credit;
2 ° the name, first name, place and date of birth so that the domicile of the consumer and, where applicable, persons who constitute a security;
3 ° the identity of the lender, including its business number, its geographical address into account in relations with the consumer as well as the coordinates of the administration of competent surveillance with the FPS economy;
4 ° where appropriate, the identity of the credit, including its business number intermediary, its geographical address into account in relations with the consumer as well as the coordinates of the administration of competent surveillance with the FPS economy;
5 ° the duration of the credit agreement;
6 ° the amount of credit and the conditions for removal of the credit;
7 ° the periodic rates, the borrowing rate, the conditions governing the application of these rates and variable interest rates, the initial value of all index reference or borrowing rate, as well as the periods, conditions and procedures for the adaptation of these rates. If different borrowing rates apply depending on the circumstances, this information is provided about all the applicable rates;
8 ° the annual percentage rate of charge and the total amount owed by the consumer, calculated at the time of the conclusion of the credit agreement. All the assumptions used to calculate this rate, are mentioned. The indication of the annual percentage rate with all assumptions in the supply of credit accepted by the consumer is sufficient and should not be renewed in the deed confirming the formation of the credit agreement;
9 ° the procedure for terminating the credit agreement;
10 ° the clause: "this contract is the subject of a registration in the central credit to individuals in accordance with article VII.148 of Book VII, the code of economic law";
11 ° the purposes of the processing in the Central;
12 ° the name of the plant;
13 ° the existence of a right of access, rectification and deletion of data as well as the retention of these periods;
14 ° where appropriate, the fee.
§ 3. In addition to the information referred to in § 2, or, where applicable, credit agreement providing credit mentions, a clear and concise manner: 1 ° if may be available the credit through a payment instrument, the rules applicable under the legislation on payment services in the event of loss or theft or misuse of the card or the title , as well as, where appropriate, the maximum for which the consumer assumes the risk resulting from misuse by a third party;
2 ° If the credit is granted in the form of a deferred payment for a good or a service, or in the case of linked credit agreements, this product or service and its cash price;
3 ° the amounts of a term, the terms of payment and the number of payments to be made by the consumer, including a possible deposit, and, where appropriate, the order in which payments will be allocated to different balances set out in different for the refund receivable rates;
4 ° in case of depreciation of capital, the amounts of a term consisting of the payment amortizing and interest, and the periods and conditions which must be paid these amounts. The added amortization table contains the decomposition of each amount of a term, as well as an indication of the balance remaining due after each payment.
When a periodic rate reduction is granted, the amortisation table indicates the amounts of a term to pay as well as remaining balances in light of this reduction. If the sudden reduction of changes, a new table of depreciation is release, which takes into account such changes;
5 ° if there is reconstruction of the capital, the times and conditions which interest must be paid and reconstitutifs payments as well as the requirement that the capital of the contract Assistant will be used for the repayment of the amount of collected credit.
If use is made, for a same capital, several modes of amortization or reconstitution, the credit agreement indicates the proportion of the capital to which relates each of these modes.
When neither depreciation nor the reconstitution of the capital are stipulated, the credit agreement mentions periods and the conditions of payment of interest and recurring and non-recurring expenses;
6 ° if applicable, the costs of maintaining of one or several accounts designed to save both levies payment operations, unless the opening of an account is optional, the costs of using a means of payment for both payment and sampling operations, as well as all other expenses arising from the credit agreement and the conditions under which these costs may be modified in accordance with article VII.145;
7 ° the rate of interest applicable in case of delay of payment at the time of the conclusion of the credit agreement and the arrangements for adjustment of this rate, as well as, where appropriate, the charges payable for default;
8 ° a warning about the consequences of missing payments;
9 ° where appropriate, the existence of notarial fees;
10 ° if applicable, the sureties and insurance required;
11 ° the existence or absence of a right of withdrawal, the period during which that right may be exercised and other conditions for the exercise, including information on the obligation of the consumer to repay the collected principal and interest in accordance with article VII.138, and the amount of the daily interest;
12 ° information concerning the rights resulting from article VII.147/6 and their conditions of exercise.
13 ° the right to early repayment, the procedure to be followed as well as, where appropriate, information on the right of the lender to compensation and mode of determination thereof, including the terms and conditions referred to in article VII.147/11, § 3, in the case of reconstitution of the capital;
14 ° channels of complaint and extrajudicial remedies available to the consumer, in accordance with the book XVI, including the physical address of the instance where the payment service user may address his claims which the coordinates of the Directorate General economic Inspection on the FPS economy;
15 ° where appropriate, the other clauses and contractual conditions.
1 ° to 3 ° and 6 ° to 7 ° apply only to mortgage credit with a movable destination.
§ 4. The causes due prematurely or resolution of the credit agreement must be included in the contract by a separate clause.
§ 5. Where a credit agreement is expressed in foreign currency, the lender shall ensure that: 1 ° the consumer has the right to convert the credit agreement in another currency under certain conditions or that 2 ° other arrangements are planned to limit the risk of Exchange to which the consumer is exposed as part of the credit agreement.
The other currency referred to in paragraph 1, 1 °, is either: 1 ° the main currency in which the consumer receives income or owns the assets on the basis of which credit must be repaid, as indicated at the time the assessment of the most recent solvency concerning the credit agreement was made; or 2 ° the currency of the Member State in which the consumer was resident at the time where the credit agreement has been concluded or in which he currently resides.
Once a consumer has the right to convert the credit agreement in another currency, the conversion will be made in the applicable market exchange rate the day of the request for conversion, except as otherwise provided in the credit agreement.
Lender regularly notifies the consumer who has concluded a contract of credit in foreign currency, in a durable medium, and at least when the value of the total amount remaining due payable by the consumer or regular payments varies over 20% of what it would be if the exchange rate between the currency of the credit agreement and the euro applicable at the time of the conclusion of the credit agreement was applied. In warning, the consumer is aware of an increase in the amount owed by the consumer law, where applicable, to convert this amount in another currency and the conditions to do this as well as any other applicable mechanism to limit currency risk to which it is exposed.
Sub-section 9. -Of the reconstitution of the capital s. VII.135. § 1. The reconstitution of the capital controlled by a contract Assistant to the credit agreement. A Deputy contract does not constitute a service that is incidental.
This Assistant contract can only be a life insurance contract, a contract

capitalization or an another constitution of savings.
Reconstituted capital at any time is the commuted value or capital established in the case of a contract of life insurance or capitalization or capital already saved in the other case of savings contracts.
If the replenishment takes place with the lender in the event of dissolution legal or judicial or bankruptcy of the latter, the reconstituted capital is affected by compensation to the reduction of the debt to the lender without requiring compensation due.
If replenishment is not carried to the lender at the time where credit becomes payable or refundable, one-third reconstituting becomes to lender the single debtor to the reconstituted capital. In this case, the lender shall exercise the rights of the consumer to this third reconstituting.
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2. The recovery cannot wear on excess capital, or after a partial refund, the remainder to repay principal.
§ 3. When the term for the replenishment is greater than that of the credit agreement, the consumer has the right to demand that the lender extends credit, without compensation or increase in interest rates, until the reconstitution of the capital.
Where appropriate, the new credit agreement is passed at the expense of the consumer.
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4. The King can establish additional rules which the recovery must meet.
S.
VII.136. the reconstituted capital becomes chargeable where: 1 ° the credit expires.
2 ° the consumer exercises his legal right or conventional repay the principal.
Subsection 10. -The refusal of credit art. VII.137. in case of refusal to grant a credit, the lender shall inform the consumer without delay and free of charge, the result of the consultation as well as the identity and address of the responsible for the processing of files that he had consulted including where appropriate, the identity and address of the insurer of credit accessed, and to which the consumer may apply in accordance with article VII.147/37. Where appropriate, it also indicates that the refusal is based on automated processing of data.
The communication referred to in paragraph 1 is not required when article 12 of the law of 11 January 1993 on the prevention of the use of the financial system for the purpose of laundering of capital and financing of terrorism or a prohibited by other relevant legislation affecting public order or public safety.
If credit is denied, no compensation, of whatever nature that it is, cannot be claimed to the consumer with the exception of the Central consulting fees paid by the lender and taxation costs referred to in article VII.141.
Section 4. -The right of withdrawal article VII.138. § 1. The consumer has the right to waive the mortgage credit with a movable destination that is not the constitution of a mortgage security for a period of fourteen days, accompanied by without giving a reason. This right of retractation period starts: 1 ° the day of the conclusion of the credit agreement, or 2 ° the day the consumer receives the clauses and contractual conditions as well as the information referred to in article VII.134, if that date is later than referred to in 1 ° of this paragraph.
§ 2. When the consumer exercises his right of withdrawal: 1 ° it shall notify the lender, by registered post or by any other means accepted by the lender in accordance with article VII.134, § 3, 11 °. The time limit is deemed to have been observed if the notification has been sent before the expiry of this, and 2 ° in the case of credit agreement for which, under this contract, goods are put at the disposal of the consumer, it renders immediately after the notification of withdrawal, goods that it has received and shall pay to the lender the interest due for the period of collection of the credit;
3 ° for other credit contracts, it pays to the lender the principal and interest earned on the capital since the date the credit was levied until the date on which the capital is paid without undue delay and no later than thirty calendar days after sending the notification of the withdrawal to the lender.
The interest due are calculated on basis of the agreed borrowing rate. The lender is entitled to any other compensation paid by the consumer, except compensation for non-recoverable expenses that the lender would have paid to a public institution.
Payments that are made after the conclusion of the credit agreement shall be reimbursed to the consumer within thirty days of the withdrawal.
§ 3. The cancellation of the credit agreement leads to resolution of right of ancillary services contracts.
§ 4. If the consumer invokes the right of withdrawal under this section, sections VI.58, VI.59, and VI.67, do not apply.
Section 5. -Unfair sub-section 1.
-Illegitimate payments art. VII.139. each time that the payment of a price will be paid in whole or in part, using a contract of credit for which the seller or the service provider operates as a lender or credit intermediary for the conclusion of the credit agreement, no commitment may reasonably be incurred by the consumer towards the seller or the service provider , nor any payment made one to another, as long as the consumer has not signed the credit agreement.
Is void any clause whereby the consumer undertakes in case of refusal of funding, to pay with the agreed price.
S. VII.140 is prohibited and deemed not written any clause in a mortgage loan with a security destination that allows the lender to claim compensation to the consumer, where it has not taken in whole or in part the amount of credit granted.
Is prohibited and deemed not written any clause in a mortgage loan with a real estate destination that allows the lender to claim compensation to the consumer, for a period exceeding two years where it has not taken in whole or in part the amount of the credit granted. The King may fix the height and the procedures for calculating the said allowance.
S.
VII.141. § 1. Apart from legal costs the mortgage and what could be due pursuant to other statutory or regulatory provisions cannot be put to the consumer as an expertise of the goods offered in guarantee charge.
Expertise can be carried out only with the consent of the consumer. Expertise is performed by an internal or external expert approved by the lender.
The fees are due if the expertise took place.
Otherwise, any advance must be repaid.
If the fees are borne by the consumer, they are communicated in advance. It receives without delay a copy of the expert report.
§ 2. By way of derogation from paragraph 1, the lender may request a fee for mortgage credit with a real estate destination. These fees are due only after the consumer has accepted the offer of credit.
The King may determine the method of fixing maximum expertise and record costs and, where appropriate, adaptation of these maxima.
Sub-section 2. -Calculation of interest expense and variability of the periodic rate, the borrowing rate, the costs and contractual conditions art. VII.142. the calculation of the amount of interest expense is done using the periodic rate.
S. VII.143. § 1. The periodic rates and debtor interest rates are fixed or variable. If one or more fixed borrowing rates have been stipulated, it or they shall apply for the duration specified in the credit agreement.
§ 2. Except where otherwise provided by this section with respect to the variability of the borrowing rate and/or the periodic rate, and without prejudice to the application of article VII.145, any clause to change interest rates or charges is deemed unwritten.
§ 3. If the periodic rate variability has been agreed upon, there may be a borrowing rate by credit agreement. The following rules are applicable to this periodic rate: 1 ° the periodic rate should fluctuate both upward and downward;
2 ° the periodic rate may vary only after the expiry of periods, which shall not be less than one year;
3 ° the variation of the periodic rate must be linked to fluctuations in an index of reference taken from a series of benchmarks on the basis of the duration of the periods of change in the borrowing rate.
The list and the method of calculation of the benchmark indices are determined by the King, by order deliberate in Council of Ministers, made on the advice of the Bank and the FSMA after consultation, by the latter, the Insurance Commission;
4 ° the initial periodic rate is the rate that is basis for the calculation of the interest payable by the consumer at the first interest payment;
5 ° the initial value of the reference index is the value of the reference index on the list of the tariffs of rates of interest for the type of credit considered and regarding the value of the calendar month preceding the date of this tariff;
6 ° to the expiry of the periods determined in the credit agreement, the periodic rate for the new period is equal to the initial borrowing rate increased by the difference between the value of the reference index published in the calendar month preceding the date of the change and the initial value of this index.
If the initial periodic rate is the result of a conditional reduction, the lender may, for the establishment of the new borrowing rate, based on a higher rate if the consumer does not meet the conditions laid down.

The increase may not exceed reduction granted at the beginning of the credit, expressed as a percentage per period;
7 ° without prejudice to what is provided for in 8 ° below, the credit agreement must stipulate that the variation of the periodic rate is limited, both upward and downward to a deviation determined relative to the initial borrowing rate, unless this gap in the case of periodic rate may be higher on the sidelines in the event of reduction.
If the initial periodic rate is the result of a conditional reduction, the credit agreement may provide that the variation referred to in paragraph 1 operates on the basis of a higher rate if the conditions laid down for the grant of reductions are no longer fulfilled. Applied upward may be greater than the reduction granted at the time of the credit courses, expressed in percentage per period.
The credit agreement may also provide that the periodic rate varies only if the change upward or downward, compared to the rate of the previous period, a minimum difference determined;
8 ° if the first period is less than three years, a variation on the rise of the periodic rate may not have the effect of increasing the rate applicable to the second year of the equivalent of a percent point the year compared to the initial borrowing rate, or increase the borrowing rate for the third year more of the equivalent of two points per cent year over this borrowing rate initial.
§ 4. In case of variation of the periodic rate and when there are amortization of capital, periodic charges amounts are calculated at the new borrowing rate and according to the provisions of the credit agreement. The absence of such provisions, periodic charges are calculated based on the outstanding balance and the remainder, according to the technical method used initially.
In case of variation of the periodic rate and when there is no depreciation of capital, interest shall be calculated at the new rate following the technical method used initially.
§ 5. Periods, terms and conditions of the periodic rate variation as well as the initial value of the reference index shall be included in the credit agreement.
One reference index, taken from the list determined by the King in accordance with paragraph 7, can be used to calculate the periodic rate.
The archives of these indices are required by the lender.
§ 6. Where appropriate, the consumer is informed of a change in the borrowing rate through the modification of the periodic rate, on a durable medium, before the change enters into force. This information indicates also, where appropriate, the amount of the payments to be made after the entry into force of the new rates periodically and debtor, and whether the number or frequency of payments varies. It must be, if any, accompanied, free of charge, of a new amortization schedule containing the information referred to in article VII.134, § 3, 4 °, for the remaining period.
However, the parties may agree in the credit agreement that the information referred to in the preceding paragraph is communicated periodically to the consumer, when the modification of periodic and borrowing rates is the result of a modification of a reference index, the new benchmark is made public by appropriate means and the information related to the new benchmark is also available on the premises of the lender.
§ 7. The King determines the modalities for the application of this section by order deliberated in Council of Ministers.
S. VII.144. interest expense are calculated: 1 ° in case of depreciation on the remaining balance due;
2 ° in case of reconstruction, on the capital, or after a partial refund on the capital remaining to be repaid;
3 ° in the case of a single repayment of principal on expiry of the credit agreement, on the outstanding balance.
In the case of a credit opening, interest expense are calculated on the part of the capital that was taken.
It is prohibited to require or to charge: 1 ° of interests before the expiry of the period for which they are calculated.
2 ° of interest by fractions of the periods for which they are calculated.
If the interest expense under the credit agreement are paid to a third party, this payment is legal tender for the consumer to the lender.
S. VII.145. for a mortgage loan with a real estate destination, the consumer may request the lender to make changes to the conditions and/or the current credit agreement security. The lender is free to access or not to this request.
These changes can only wear on: 1 ° a new periodic rate, the reduction or the extension of the duration, the replacement of a mode of reimbursement by another, the temporary suspension of payment of depreciation of the capital or reconstitution and premiums, without prejudice to the application of article VII.143 and the restrictions are included, the periodic rate variability;
2 ° the cancellation total or partial mortgage real estate property listing, the replacement of security by another, the establishment of a supplementary safety, renewal of a security, the release of the consumer of these obligations of credit or the addition of a new consumer.
The modifications listed in paragraph (2) may be supplemented by a royal decree deliberated in the Council of Ministers.
If the lender shall comply with this request, it provides the consumer a credit offer, whose content is limited to the current credit agreement amendments.
Article VII.133 shall apply by analogy.
Changes to current credit agreements or should Consumer request duplicates of documents already issued, the lender may therefor charge fee under the tariff in force at the time of the consumer's request, after the consumer has accepted the offer of credit. The lender returns in its supply of credit to the tariff in force. The King may determine the method of fixing maximum fees and, where applicable, for the adaptation of these maxima.
The lender may charge fee if the consumer exercises contractually planned options provided that the credit agreement provides for these charges. The King may determine the method of fixing maximum costs and, where appropriate, adaptation of these maxima.
Sub-section 3. -Ancillary services article VII.146. § 1. There is, in the sense and with a view to the application of the present chapter annex contract when the consumer subscribes or maintains in force a contract of insurance in pursuance of a condition of the credit agreement, relating to the financing of the acquisition or conservation of rights in rem, including non-compliance could result in the amount of collected credit indebtedness.
This annex contract may be: 1 ° that the outstanding balance insurance or insurance temporary constant capital death covering the risk of death when there is no depreciation of capital, for conventionally to guarantee repayment of the credit;
2 ° an insurance covering the risk of degradation of the property offered as collateral;
3 ° than deposit insurance.
§ 2. It is prohibited to the lender to reserve in the credit agreement the right to impose an increase in coverage over the contract.
It is forbidden to the lender, without prejudice to the application of article VII.147, § 1, paragraph 1, to require the consumer to subscribe the contract annexed with an insurer designated by the lender directly or indirectly.
§ 3. When there is a due annex of the outstanding balance insurance contract or insurance temporary constant capital death covering risk of death when there is no amortization of capital, the sum insured is used, at the time of the death of the insured, to the refund of the remaining balance owed and, where appropriate, to payment of interest accrued and not due.
When such insurance capital exceeds the remaining balance due, the consumer may at any time reduce the capital to amount.
When the insurance covers only a proportion of the capital of the credit, the same rules apply proportionally.
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4. When contract annexed, the following must be set out in a document signed by the lender and the consumer: 1 ° the credit to which the contract relates annexed;
2 ° the acceptance by the lender to the contract of insurance as annex contract;
3 ° the obligations assumed by the consumer under the contract annex.
S. VII.147. § 1.
Tied selling is prohibited. It is also prohibited to the creditor and credit intermediary to impose on the consumer, in the context of the conclusion of a credit agreement, to sign another contract with the lender, credit intermediary or a third party designated by them, unless it is a bulk sale. If the lender or, if applicable credit intermediary, requires the conclusion of a service that is incidental or a contract attached, it is obliged to accept the claimant proposed by the consumer, that is different from the claimant advocated by the lender, if that offers an equivalent or, where appropriate ancillary service, equivalent to a price equal or reduced annex contract.
If the service provider recommended by the lender or, where appropriate through credit is proposed as part of a bundled sale, they are not required to maintain the reduced financial products or bundled services price in the event that the consumer uses his right to appeal

to the provider of its choice.
The burden of proof that the consumer has had freedom of choice in relation to the conclusion of any contract for ancillary service agreement in addition to the credit agreement to the lender and credit intermediary.
§ 2. It is also prohibited to the lender and credit intermediary to stipulate at expense of the consumer, when concluding a contract of credit, the obligation to put the borrowed capital, in whole or in part, pledged or affect it, in whole or in part, to the constitution of a deposit or purchase securities or other financial instruments.
Subsection 4. -Unauthorized guarantees Art.
VII.147/1. As part of a credit agreement, the consumer is prohibited or is it proclaims the person who constitutes a security interest, promise or guarantee the payment of the commitments it has made under a credit agreement by means of a bill of Exchange or a promissory note. It is also prohibited to make a cheque as security for the total or partial repayment of the amount owed.
S. VII.147/2. § 1. Any transfer of right on the sums referred to in article 1410, § 1, of the Judicial Code operated under a contract governed by the present credit book, is subject to the provisions of articles 27 to 35, with the exception of article 34 of the Act of 12 April 1965 on the protection of workers compensation and cannot be executed and affected only to the extent of the amounts due under the credit contract to date of the notification of the assignment.
§ 2. Income or remuneration for same emancipated minors are inalienable and unseizable head of credit agreements.
Section 6.
-Of the implementation of the credit subsection 1st contract. -Of the provision of the amount of credit art. VII.147/3. § 1. As long as the credit agreement was not signed by all parties, no payment shall be performed by the lender to the consumer or for the account of it, nor by the consumer to the lender, except as regards the costs of expertise.
Except as otherwise provided in the credit agreement, the lender immediately the amount of the credit available by transfer on the consumer's account or that of a third party designated by the consumer or by cheque.
The amount of the credit or capital cannot be linked to an index.
Provision of the amount of the credit in cash or cash can only be done in the cases mentioned by the King in a decree deliberated in the Council of Ministers, taking into account the amount of the credit, the type of credit, the purpose and the time of the conclusion of the credit agreement.
§ 2. The lender continues to answer for the money it has given to credit intermediary, in pursuance of the credit agreement, until they are, in their entirety, made available to the consumer or a third party designated by him.
Sub-section 2. -Financing of goods and services art. VII.147/4. The provisions of this subsection apply to the mortgage credit with a movable destination.
S. VII.147/5.
When the credit agreement mentions the good or service delivery financed or that the amount of the credit contract is paid directly by the lender to the seller or service provider, the obligations of the consumer take effect only as from the delivery of the goods or the provision of the service; in case of sale or provision of services to successive performance, they shall take effect from the date of delivery of the product or the provision of the service and constantly interrupted, unless the consumer receives himself the amount of the credit and that the identity of the seller or the service provider is not known by the lender.
The amount of the credit may be returned to the seller or the service provider only after notification to the lender of the delivery of the goods or the provision of the service.
The notification referred to in paragraph 2 is carried out on a durable medium, including a delivery document, signed and dated by the consumer.
Interest due under the credit contract begins on the date of this notification.
S. VII.147/6.
Where the consumer has exercised a right of withdrawal for a contract for the supply of goods or provision of services, it is more bound by a linked credit agreement.
Where the goods or services covered by a linked credit agreement are not supplied, are only partly or not conform to the contract for the supply of goods or provision of services, the consumer has the right to appeal against the lender if it exercised a recourse against the supplier without succeed as he could claim in accordance with the law or the contract for the supply of goods or service delivery.
Any exception cannot be invoked to the lender that provided that: 1 ° the consumer put the seller of the property or the service provider is by sending recommended to perform the obligations arising from the contract, without having obtained satisfaction within a period of one month from the date of dispatch;
2 ° the consumer has informed the lender failing get satisfaction from the seller of the property or service in accordance with the 1 ° provider, it will make the payment of the remaining payments into a blocked account. The King can set the rules for opening and operating the account.
The interest earned on the sum so deposited are capitalized.
By the mere fact of filing, the lender acquires a lien on the assets of the account for any claim arising from the breach or part of the obligations of the consumer.
It cannot be disposed of the deposit amount to the benefit of one or the other of the parties, subject to production of an agreement written, established after the amount has been blocked on the above account, or a copy of the expedition of a judicial decision. This decision is provisionally enforceable notwithstanding objection or appeal, without bail or cantonment.
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VII.147/7. Where the credit agreement remotely mentions well-funded, sold remotely, or that the amount of the credit or the amount collected is paid directly by the lender to the seller at distance, the supply of goods can take place, by way of derogation from articles VII.139, paragraph 1, and VII.147/3, before the conclusion of the credit agreement and provided that the consumer has in good time prior to delivery, the contractual conditions and information referred to in article VI. 57, § 1.
Sub-section 3. -Costs and maximum repayment periods art.
VII.147/8. The provisions of this subsection apply to the mortgage credit with a movable destination.
S. VII.147/9. § 1. The King determines the method of fixing and, where appropriate, adaptation of the maximum global effective annual rate. It sets the maximum overall effective annual rate depending on the type, amount and eventually the duration of the credit.
§ 2. When the calculation of the annual percentage rate requires the use of assumptions, the King may also determine in accordance with the provisions in the § 1, the maximum cost of credit, including the maximum borrowing rate, and where appropriate, maximum recurring charges and maximum non-recurring charges related to the credit opening.
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3. The rate established under this section shall remain applicable in any case until their revision.
Any decrease in the maximum overall effective annual rate and, where appropriate, the maximum cost of credit is of immediate application to the current credit agreement which provides, within the limits of the present book, the variability of the annual percentage rate or the borrowing rate.
S. VII.147/10. § 1.
The King may fix the maximum period of repayment of the loan depending on the amount borrowed and the type of credit.
§ 2. The openings of open-end credit or more term of five years shall set a time limit of zeroing in which the total amount to be refunded shall be paid. The King may set a maximum time limit of zeroing.
§ 3. If a contract credit, repayable by amounts to a constant term, allows the variability of the borrowing rate, it stipulates that in the case of adaptation, the consumer may require the retention of the amount of the term, and the extension or reduction of the agreed repayment period. The exercise of this right may lead to exceeding the maximum period of repayment referred to the § 1.
Prior to the conclusion of the credit agreement, the lender expressly informs consumers of this right.
§ 4. No later than two months before the expiration of the time limit of zeroing, the lender shall notify the consumer via any means of communication useful.
Subsection 4. -Terms of repayment and termination of the credit contract article VII.147/11. § 1 St. The consumer has the right to repay the balance of outstanding advance capital at any time. In this case, it is entitled to a reduction of the total cost of the credit to the consumer, which corresponds to the interest and costs due for the residual duration of the credit agreement.
Except as otherwise provided in the credit agreement, the consumer has the right to make partial reimbursement of the capital at any time. In this case, it is entitled to a reduction of the total cost of the credit to the consumer, which corresponds to the interest and costs due for the period to which the prepayment relates. The otherwise cannot exclude a partial refund once per calendar year, or the refund of an amount equal to a minimum of 10% of the capital.
The consumer who wishes to repay, in whole or in part,

advance credit, shall notify the lender of its intention by registered mail, at least ten days before the refund.
§ 2. When a consumer wants to fulfil the obligations that its under a credit agreement before the expiry of the contract, the lender shall communicate without delay after receipt of the request, on durable medium, information necessary for the examination of this faculty. At a minimum, this information estimated the consequences that will be needed for the consumer if it meets its obligations before the expiration of the credit agreement and clearly formulate the assumptions used. These assumptions are reasonable and justifiable.
§ 3. In case of reconstruction, the consumer has at the time of reimbursement, choice: 1 ° when it is a total refund, assign completely or partially reconstituted capital or not affect it;
2 ° when it is a rebate for a fraction of the total reimbursement, there affect totally or partially an even fraction of the reconstituted capital or not affect it.
In addition, the consumer has the right to take into account the part of the contract which is more Assistant, to reduce the premiums of the contract to what is required to maintain the Deputy part.
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VII.147/12. § 1. The lender may stipulate compensation for the case of an early total or partial refund.
This allowance shall be calculated at the periodic rate of credit, the amount of the balance outstanding.
For the calculation, when there is a Deputy contract which the commuted value is not affected for the rebate, this amount should be reduced by this value of redemption.
In the event of partial refund, these rules are applied proportionately.
This allowance cannot exceed three months ' interest.
§ 2. No compensation may be claimed by the lender: 1 ° if pursuant to articles VII.209 and VII.210, the obligations of the consumer have been reduced to the price cash or the amount borrowed;
2 ° in case of a repayment to the death, in execution of a contract annex or Assistant;
3 ° in the case of a credit opening which is a mortgage loan with a security destination.
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3. The lender may provide for its benefit redemption of a contract Assistant for the case where the proceeds of the sale of the property given as security does not allow him to obtain the refund of his credit.
§ 4. Are freed to the lender in capital and compensation payments under the credit agreement to a third party, for a prepayment.
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VII.147/13. § 1. The consumer can carry out at any time and free of charge upon termination of a mortgage loan with a security destination to indeterminate, unless the parties have agreed to a period of notice. This period may not exceed one month. The consumer exercises his right of cancellation by sending to the lender a registered post or another medium accepted by the lender.
If the credit referred to in paragraph 1 of the agreement, the lender can proceed with the termination of this agreement by giving the consumer at least two months ' notice based on a durable medium. When the lender exercise his right, he shall notify the consumer, by registered mail or any other means accepted by the consumer.
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2. If the credit agreement, the lender may, for reasons objectively justified, especially if it has information allowing it to consider that the consumer will no longer be able to meet its obligations, suspend the right of withdrawal by the consumer under a credit agreement. The lender informs consumers of the suspension and the reasons for it in a durable, if possible before the suspension medium and at the latest immediately thereafter, unless the disclosure of such information is prohibited by other legislation or opposed to objectives of public policy or public security.
Subsection 5. -From statement article VII.147/14.
§ 1. For each opening credit, a mortgage loan with a security destination, the consumer is regularly informed, on a durable medium, using an account statement containing the following information: 1 ° the precise period covered by the statement of account;
2 ° the amounts and the date of sampling;
3 ° the total amount outstanding from the previous survey and the date thereof;
4 ° the new total amount remaining due;
5 ° the date and amount of the payments made by the consumer;
6 ° the borrowing rate (s) applied (s);
7 ° the separate amounts of all fees that have applied;
8 ° the minimum payable where applicable, the amount and interests.
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2. For the openings of credit other than overdraft facilities, the following additional information is provided: 1 ° if applicable, the outstanding balance due from the previous survey.
2 ° where appropriate, the separate dates of the fees owed;
3 ° the date and the amount of interest owed by debtor rate and an indication of the method of calculation of the interest on the balance remaining due using the borrowing rate.
Sub-section 6. -The unauthorized overdraft and the passing s.
VII.147/15. § 1. An overdraft occurs as part of a line of credit or a payment account, which forms a mortgage loan with a security destination, when the lender explicitly prohibits all discovered exceeding the amount of the credit limit, it suspends the levies of credit and requires the repayment of the amount discovered unauthorized within a period of maximum 45 days from the date of the unauthorized overdraft.
In this case, only the interests of delay and expressly agreed and authorized by this book expenses may be claimed. Finance charges are calculated on the amount of the unauthorized overdraft.
The lender shall inform the consumer without delay, on a durable medium: 1 ° of overdraft unauthorised;
2 ° the amount of the unauthorized overdraft;
3 ° any penalties and any charges or interest applicable to the amount of the unauthorized overdraft.
§ 2. If the consumer does not meet the obligations of the preceding paragraph, the lender terminates the contract in respect of article VII.147/20, § 1, 3 °, or by novation, he established a new contract with a higher credit amount in respect of all the provisions of this book.
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VII.147/16. When over-expenditure, which forms a mortgage with a security destination, reached at least 1 250 euro and extends for a period longer than one month, the lender shall inform the consumer without delay, on a durable medium: 1 ° of the exceedance;
2 ° the amount of overspending;
3 ° the borrowing rate, all penalties and all applicable to the amount of the excess charges.
The King may change this amount. As long as the information referred to in the preceding paragraph is not provided, the lender may apply the amount of the overrun than the last rate applied, excluding any penalty, compensation or interest.
If overflow is not discharged at the end of a period of three months from its occurrence, the lender suspends levies of credit and terminates the contract in respect of article VII.147/20, § 1, 3 °, or by novation, he established a new contract with a higher credit amount in respect of all the provisions of this book.
Section 7. -Of the assignment of credit and claims arising from this contract article VII.147/17. Without prejudice to articles 1250 and 1251 of the civil Code, a mortgage loan with a security destination or the receivable arising from this contract of credit cannot be transferred to or after subrogation, be acquired through a lender approved or registered under this book, or transferred or acquired by the Bank, the Fund for the protection of deposits and financial instruments , credit insurers, organizations of mobilization within the meaning of article 2 of the law of August 3, 2012 on measures to facilitate mobilization of receivables in the financial sector, or others that the King refers to this effect.
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VII.147/18. Without prejudice to the provisions of article VII.147/17, for a mortgage loan with security destination, the assignment or subrogation is opposable to the consumer only after the latter was informed by registered post, except where the assignment or subrogation immediate are expressly provided for in the contract and that the identity of the transferee or the third contingent is mentioned in the credit agreement. This notification is not required when the initial lender, in agreement with the new holder of the claim, continues to manage the credit to the consumer contract.
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VII.147/19. In case of assignment or subrogation to the claim resulting from a mortgage loan with a security destination, the consumer retains in respect of the transferee or the substitute consent giver creditor means of defence, including the use of compensation, it can oppose the assignor or to the assignor. Any clause to the contrary is deemed unwritten.
Section 8. -From the non-performance of credit art. VII.147/20. § 1. Without prejudice to the application of article VII.147/13, § 1, any clause providing for a forfeiture of the term or an express Resolutive condition is prohibited and deemed unwritten, at least be specified: 1 ° in case where the consumer is in default of payment for at least two amounts of a term, a

amount equivalent to 20 per cent of the total amount payable by the consumer or the corresponding amounts for the reconstitution of the capital, and do themselves would not be executed one month after sending recommended that a letter containing remains. These rules must be recalled by the lender to the consumer during the formal notice;
2 ° in the case of a mortgage loan with a security destination where the consumer alienate the chattel funded before the payment of the price or would a use contrary to the terms of the contract, while the lender would be reserved to the property;
3 ° in the case of a mortgage loan with a security destination where consumers would exceed the amount of the credit referred to in articles VII.147/15 and VII.147/16 and would not be executed one month after sending recommended a letter containing implementation remains;
4 ° for the case where the consumer is declared bankrupt;
5 ° when made its consumer decreased mortgage security he had given by the credit agreement in the following cases: a) if the real estate which is the subject of the mortgage security is partially or totally alienated, sold, exchanged or given inter vivos;
b) if the real property which is the subject of a mortgage mandate or a mortgage promise is subject to a mortgage.
§ 2. The judge may, without prejudice to the penalties of law and the application of article VII.134, § 4, order the rescission of the contract in the wrongs of the consumer in the following cases: 1 ° if the property real estate, which is saddled with a mortgage security is the subject of a seizure by another creditor.
2 ° If the mortgage registration is not ranked agreed with the consumer;
3 ° in case of decrease of the security interest mortgage following a substantial of the value of the real estate decrease attributable to the consumer: by a change in the nature or destination, by a serious deterioration, by serious pollution, through the location below the normal price of rental or through the rental for a period longer than nine years , except by agreement with the lender.
4 ° in the case of co-ownership: amendment of the Basic Act approved by the consumer with result a decrease in the value.
(5) in the event that the insurance contract fire, insurance balance due or temporary death at capital agreed finding insurance is not attached in a period of three months after the passage of the deed of credit;
6 ° If the consumer has knowingly concealed information within the meaning of section VII.126 or gave a contrary information to the truth after which its solvency was improperly assessed.
7 ° If a contractor, an architect, a Mason or any other worker wrote the minutes referred to in article 27, 5 °, of the mortgage law of December 16, 1851;
8 ° if the property financed by the credit agreement is not fully completed and appropriate for a rental within 24 months of the signing of the deed of credit or if the work are not performed in accordance with the plans and specifications or permits issued;
9 ° If the credit is used for a purpose other than that indicated by the consumer.
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3. The terms are recalled by the lender to the consumer when the remains.
Without prejudice to the application of article VII.147/13, § 1, any clause which provides that the lender may at any time during the contract, require the repayment of the amount of the collected credit is prohibited and deemed unwritten. Due prior to conclusion or resolution of the credit agreement clauses may not result from an act of the lender.
S. VII.147/21. In the event of default in payment of an amount due, the lender sent to the consumer, within three months of the due date, by registered post a warning containing the consequences of non-payment.
In the event of failure to comply with this obligation, the contractual increase of the rate of interest for late payment referred to in articles VII.147/22 and VII.147/23 cannot be applied on the said deadline. In addition, for this deadline, a deadline for payment of six months without charges or complementary interests should be granted;
This period begins the day of maturity not paid.
S. VII. 147/22. § 1.
Troubleshooting of a mortgage loan with a destination chattel or forfeiture of the term used in this credit agreement, due to the non-performance of its obligations by the consumer, no payment other than those listed below may be claimed to the consumer:-the balance remaining due.
-the amount due and unpaid, the total cost of the credit to the consumer;
-the amount of the agreed interest calculated on the outstanding balance due;
-the penalties agreed or agreed benefits, provided that they are calculated on the outstanding balance due and limited to the following ceilings:-10% to the maximum calculated on the instalment of outstanding understood until ss 7 500 euros;
-5% to the maximum calculated on the instalment of more than 7,500 euros outstanding.
§ 2. For simple late payment of a mortgage loan with a security destination, which leads or resolution of the contract, or forfeiture of the term, no payment other than those listed below may be claimed to the consumer:-capital due and unpaid;
-the amount due and unpaid, the total cost of the credit to the consumer;
-the amount of the agreed interest calculated on the capital due and unpaid;
-costs agreed callback and letters of formal notice, to a maximum of a shipment per month. These costs consist of a maximum flat rate of 7.50 EUR increased postage costs in force at the time of sending. The King may adapt this lump sum according to the consumer price index.
When the credit agreement is terminated, in accordance with article VII.147/13, § 1, or has been terminated and that the consumer is not exited three months after sending recommended that a letter containing implementation remains, no payment other than those listed below may be claimed to the consumer:-capital due and unpaid;
-the amount due and unpaid, the total cost of the credit to the consumer;
-the amount of the agreed interest calculated on the capital due and unpaid;
-the penalties or compensation agreed within the limits and ceilings referred to the § 1.
§ 3. The rate of interest agreed to a mortgage loan with a security destination cannot be higher than the borrowing rate recently applied to the amount or the partial periods concerned, increased by a factor of 10 per cent maximum.
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4. Any payment demanded pursuant to §§ 1 and 2 must be detailed and justified in a document submitted for free to the consumer.
A new document detailing and justifying the amounts due pursuant to §§ 1 and 2 must be given free of charge, maximum three times per year, to the consumer who asks.
The King may determine the particulars of this document and impose a model of count.
§ 5. By way of derogation from section 1254 of the civil Code, troubleshooting or forfeiture of the term of the credit agreement, referred to in article VII.138, § 1st, by the consumer, any payments made by the consumer or the person who is a security interest may not be utilised on the amount of interest for delay or other penalties and damages only after the repayment of the outstanding balance due and the total cost of the credit to the consumer.
§ 6. Is prohibited and deemed not written, any clause containing, in the event of non-performance by customer of its obligations, penalties or damages and interest not provided for by the present book.
S. VII. 147/23. § 1. Troubleshooting of mortgage credit with a destination real estate or forfeiture of the term used in this credit agreement, due to the non-performance of its obligations by the consumer, no payment other than those listed below may be claimed to the consumer:-the balance remaining due.
-late payment interest that became payable in accordance with § 2;
-interest and costs accrued and unpaid which became payable in accordance with § 2;
-compensation at least equal to reinvestment allowance referred to in article VII.147/12, § 1, calculated on the outstanding balance.
§ 2. For simple late payment for a contract of mortgage credit with a security destination, which leads or resolution of the contract, or forfeiture of the term, no payment other than those listed below may be claimed to the consumer: 1 ° the capital due and unpaid;
2 ° charges and interest due and unpaid;
3 ° the interest at 0.5% on annual basis calculated as follows: has) in the event of non-payment of interest at maturity: the balance remaining due at the time of the delayed payment multiplied by the periodic rate that corresponds to the borrowing rate by 0.5%;
(b) on the principal outstanding interest on arrears may be calculated pro rata temporis to the rate periodic credit, plus a periodic rate that corresponds to the borrowing rate by 0.5%. These interest begin to run from the date of late payment up to effectively reimbursing;
4 ° charges agreed by letters of reminder and notification, to a maximum of a shipment per month. These costs consist of a maximum lump sum of 7.50 euros increased postal costs in force at the time of sending.
The King may adapt this lump sum according to the consumer price index.
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3. Any payment demanded pursuant to §§ 1 and 2 must be detailed and justified in a document submitted for free to the consumer.
A new document retailer

and justifying the amounts due pursuant to §§ 1 and 2 must be given free of charge, maximum three times per year, to the consumer who asks.
The King may determine the particulars of this document and impose a model of count.
§ 4.
Is prohibited and deemed not written, any clause containing, in the event of non-performance by customer of its obligations, penalties or damages and interest not provided for by the present book.
Section 9. -Payment Art. facilities VII.147/24. Any execution or seizure which is made pursuant to a judgment or another authentic Act is preceded, in the context of this chapter, on pain of nullity, an attempt of conciliation before the judge, which must be passed to the sheet of hearing.
Any request for payment facilities by the consumer, the guarantee and, where appropriate, the person who is a personal safety is addressed to the judge, unless this application relates to a contract of credit referred to in article VII.138, § 1, in which case article VII.107 apply.
Articles 732 and 733 of the Judicial Code shall apply.
By way of derogation from articles 2032, 4 °, and 2039 of the civil Code, the surety and, where appropriate, any person who is a personal safety must comply with the plan of the payment facilities granted by the judge to the consumer.
S. VII.147/25.
§ 1. When the consumer has already paid sums equal to at least 40% of the cash of a property price subject, a clause of reserve of property, or a promise of gage with irrevocable mandate, this property may be resumed under a court order or a written agreement concluded after notification by registered mail.
The lender must, within a period of thirty days from the date of the sale of the well-funded, notify the price to the consumer and repay the overpayment.
§ 2. In any case, a warrant or an agreement for the resumption of property financed by a credit agreement may give rise to an unjust enrichment.
Section 10. -Securities art. VII.147/26. § 1.
The guarantee and, where appropriate, any other form of security granted by third parties-consumers of liabilities of a credit agreement shall specify the amount that is guaranteed. The claimed security are worth these amounts possibly interest for late payment, excluding any other penalty or expense of breach. The lender must replace prior and free a copy of the contract of credit to bail and the case appropriate to the person who constitutes a security interest.
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2. Each security agreement for which the person constituting the security is registered in accordance with article VII.148, § 2, 1 °: 1 ° the clause: "the credit agreement for which you have established this security subject registration at Central of Credits to individuals where, in accordance with article VII.148, § 2, 1 °, you are registered as a person having constituted a security";
2 ° the purposes of the processing in the Central;
3 ° the name of the plant;
4 ° the existence of a right of access, rectification and deletion of data as well as retention of the latter.
§ 3. The lender shall inform any person who is a safety, the conclusion of the contract of credit, as well as, on a prior basis, of any amendment to the contract.
For contracts concluded for an indefinite period credit, a bond or a personal safety cannot be claimed by the lender for a period of five years. This period may be renewed only with the express agreement, at the end of the period of the bond or the person who constitutes a personal safety.
S. VII.147/27.
The lender communicates to the surety and, where appropriate, to the person who constitutes a security interest, the delay in payment by the consumer two deadlines or at least one-fifth of the total amount to repay.
He communicates the payment facilities granted and informed in advance of any changes to the initial credit agreement.
S. VII.147/28. By way of derogation from article 2021 of the civil Code, the lender cannot take action against the surety and, where appropriate, against the person who constitutes a security interest, unless the consumer is in default of payment for at least two deadlines, or an amount equivalent to 20 per cent of the total refund amount or the last deadline, and if after turning the consumer notice by registered mail the consumer is not executed within a period of one month after the registered delivery.
Section 11. -Rules of conduct for the provision of credit to consumers through credit intermediaries and the payment of commissions and allowances for credit intermediaries and members of staff s. VII.147/29. § 1. Credit intermediary may introduce application of credit to a consumer if, taking into account the information available to it or should have, particularly on basis of the information referred to in article VII.126 considers that consumer will clearly not be able to comply with the obligations under the credit agreement.
§ 2. Credit intermediary may split credit applications. It should communicate to the lender the necessary information referred to in article VII. 69 § 3. Anyone who acts as a credit intermediary shall communicate to all unsolicited lenders the amount of other credit agreements that he has requested or received for the benefit of the same consumer, during the two months preceding the introduction of each new application for credit.
§ 4. Credit intermediary may intervene only to contracts of credit with lenders approved or registered.
Credit broker can practice its activity only under its own name.
S. VII.147/30. § 1. Credit intermediary may receive, directly or indirectly, any compensation in any form whatsoever, of the consumer who sought his intervention.
§ 2. Credit intermediary has the right to collect a commission if the credit agreement which he interceded, concluded duly and regularly as to the form.
§ 3. Payment of commission to credit intermediaries and members of the staff is scaled to competition by half at least, according to the rules laid down by the King, on the basis of the nature of the credit and its duration. How lenders pay their staff and credit intermediaries, as well as the way in which credit intermediaries remunerate their staff and their subagents, are without prejudice to the obligation referred to in article VII.130, paragraph 1.
§ 4. Where a credit agreement is concluded to full and a prior credit agreement early repayment, no commission is due if the same credit intermediary intervened for two contracts.
This provision is not applicable in the event of a significant decrease in the annual percentage rate of the new contract of credit compared with the previous credit agreement.
§ 5.
Lenders comply, in the preparation and the implementation of their policy of remuneration of staff responsible for the assessment of creditworthiness, the principles outlined below in the manner and to the extent necessary taking into account size, their internal organisation and the nature, scope and the complexity of their activities: 1 ° the remuneration policy allows and promotes a healthy and effective risk management and does not encourage an outlet of risk exceeding the level of tolerated risk of the lender;
2 ° the remuneration policy is consistent with the business strategy, objectives, values and interests with long-term lender and includes measures to prevent conflicts of interest, including making sure the remuneration does not depend on the number and the proportion of applications accepted.
§ 6. When lenders or credit intermediaries provide consulting services, the structure of the remuneration of the staff does not prejudice its ability to best serve the interests of the consumer and, in particular, does not depend on sales targets...
Section 12. -From the mediation of debts s.
VII. 147/31. The mediation of debts is prohibited except: 1 ° if it is practised by a lawyer, a judicial officer or an agent of justice in the exercise of his profession or its function;
2 ° if it is practiced by public institutions or by private institutions approved for this purpose by the competent authority.
Section 13. -The treatment of the personal data sub-section 1st. -Of the transmission of the personal data art. VII.147/32.
Except in case of assignment or subrogation intervening pursuant to sections VII.147/17 and VII.147/18, the personal data of the consumer or the person who constitutes a security interest treated in connection with the conclusion or execution of a credit agreement by the lender may not be transmitted to any third party outside the cumulative conditions listed within this section.
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VII. 147/33. § 1. Personal data may be subject to treatment under the following twofold objective: 1 ° to assess the financial situation and assess the solvency of the consumer or the person who constitutes a security interest;
2 ° in the context of the granting or the management of credit or payment services covered by this book likely to encumber the heritage private natural person and whose implementation can be

continued on the private person's heritage.
In any case, personal data may be used for purposes of commercial prospecting.
§ 2. The data collected should be relevant, adequate and not excessive in the light of the purposes listed in the previous paragraph.
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VII. 147/34. § 1. Only can be processed, excluding all others, data relating to the identity of the consumer or the person who constitutes a security interest, the amount and duration of credits, the frequency of payments, the payment possibly granted, late payment facilities, as well as the identity of the lender. This last fact is communicated to the responsible for the treatment and the consumer exclusively, except with respect to payment delays.
The King may, by Decree deliberated in the Council of Ministers, determine the contents of the data referred to in the preceding paragraph.
§ 2. By way of derogation from the provisions of subsection 1, paragraph 1, the King may, by Decree deliberated in the Council of Ministers: 1 ° determine the categories of criminal convictions against the consumer or the person which is a security that can be processed insofar as the consumer or the person who constitutes a security interest was informed beforehand and in writing;
2 ° appoint natural persons or legal entities of public law or private law authorized to process the data referred to in 1 °;
3 ° establish conditions and procedures for this treatment.
S. VII.147/35.
§ 1. The personal data may only be communicated to the following persons: 1 ° the lenders approved or registered;
2 ° the persons who are authorized by the King to perform credit pursuant to act of 9 July 1975 on the control of insurance undertakings;
3 ° the FMSA and the Bank in the context of their missions;
4 ° the providers of payment services, to the extent where these people communicate, based on the rules of reciprocity, their data relating to payment services;
5 ° the associations of persons or institutions referred to in 1 °, 2 ° and 4 °, this paragraph, approved for that purpose by the Minister or his delegate under the following conditions: a) have legal personality;
(b) be formed for purposes excluding any aim of profit and be made to the protection of the professional interests of its members;
(c) be composed of members who have not incurred any administrative or criminal sanction.
The Minister or his delegate shall decide on the request for approval within two months from the date of receipt of all required documents and data.
If the request is not accompanied by all necessary documents and data, the applicant is informed of endeans fifteen days of the receipt of the request.
In the absence of notice to that effect within this period, the request is considered as full and regular.
The refusal of authorisation is motivated and is communicated to the applicant by registered mail.
The Minister may suspend or withdraw approval to those who no longer fulfil the conditions mentioned above or do not meet the commitments made during their application for approval;
6 ° the lawyer, the ministerial official or the agent of justice, in the exercise of its mandate or its function, and in the performance of a credit agreement;
7 ° the Ombudsman of debts in the exercise of his mission as part of a settlement of debts, referred to in section 1675/2 to 1675/19 of the Judicial Code;
8 ° the FPS economy officers competent to act in the framework of the book XV;
9 ° persons who carry on a business of amicable recovery of debts from the consumer and, therefor, in accordance with article 4, § 1, of the amicable recovery of debts of the consumer Act of 20 December 2002, are registered with the FPS economy;
10 ° the Commission for the Protection of privacy in the context of its mission;
11 ° the bodies of mobilization within the meaning of article 2 of the law of August 3, 2012 on measures to facilitate the mobilization of debts in the financial sector.
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2. Once received, the data can be communicated to the persons referred to in paragraph 1.
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3. Requests for information addressed to the controller and from persons referred to in this article, with the exception of the FSMA, the Bank, agents referred to in the paragraph 1, 8 °, and the Commission for the Protection of privacy, should individualize consumers on which carry claims, by their name, surname and date of birth; These applications can be grouped.
Sub-section 2. -Processing of data art. VII.147/36. § 1.
The data are erased when keeping them in the file has ceased to be justified. The King may set a time limit for the conservation of the data or categories of data.
People who have received communication of personal data in the context of the contract or the administration of credit agreement, cannot dispose that the time needed for the conclusion and execution of credit agreements taking into account particular deadlines, by the King under this subsection, for the conservation data.
§ 2. The controller is required to take all measures that ensure the conservation of the personal data.
People who have received communication of personal data are obliged to take measures that ensure the confidentiality of these data as well as the use for the purpose laid down in or under this book, or for the purposes of their legal obligations.
§
3. The controller is more specifically responsible for supervising or the automated exchange of personal data and must in particular ensure that treatment programs or automated Exchange are exclusively designed and used in accordance with this book and its execution decrees.
The King may lay down the rules according to which the controller must exercise its mission.
S. VII. 147/37. § 1. When a consumer or person which is a safety for the first time recorded in a file due to payment defaults relating to credit agreements within the meaning of this book, it is immediately informed, directly or indirectly, by the responsible for the treatment.
§ 2. This information must include: 1 ° the identity and address of the responsible for the treatment. When it is not established on a permanent basis in the territory of the European Union, it must designate a representative established on Belgian territory, without prejudice to actions that might be brought against the person in charge of the treatment itself;
2 ° the address of the Commission for the Protection of privacy;
3 ° the identity and address of the person who communicated the data;
4 ° the right of access to the file, the right of rectification of incorrect data and the right to delete data, the procedures for the exercise of said rights, as well as the retention period of the data, if there is one;
5 ° the purposes of the processing.
S. VII. 147/38. § 1. With respect to data stored in a file concerning his person or its heritage, any consumer or person who constitutes a security may exercise the rights referred to in articles 10 and 12 of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
§
2. The consumer and the person making a security may freely and without charge, at the conditions determined by the King, be correct erroneous data. In this case, the controller is obliged to communicate this correction to the people who got the information from its and indicate the registered person.
§ 3. When the file processes defaults, the consumer may require that the reason for failure to pay it communicates is indicated at the same time as the default.
§ 4. The King may determine the procedures for the exercise of the rights referred to in this article. ».
CHAPTER 6. -Changes in Book VII, Title 4, Chapter 3, of the Code of economic law Art. 25. in article VII.149, of the same Code, inserted by the law of April 19, 2014, the first sentence of paragraph 1 is replaced by the following: «art.» VII.149. § 1. To obtain information on the financial situation and both solvency of the consumer and the person making a personal security, lenders consult Central prior to the conclusion of a contract of credit, with the exception of an overflow, or delivery of the supply of credit referred to in articles VII.127, § 3, and VII.133. » Art. 26 A article VII.153 of the Code, inserted by the law of April 19, 2014 and amended by the Act of October 26, 2015, the following changes are made: 1 °-paragraph 1, 1 °, the words "in article VII. «119, § 1, 1 ° to 3 °, 6 ° to 8 ° and 10 °» are replaced by the words «in articles VII.» «119, § 1, 1 ° to 3 °, 6 ° to 8 °, 10 ° and 11 °, and VII.147/35, 1 ° to 3 °, 6 ° to 8 °, 10 ° and 11 ° ";
2 ° in paragraph 2, paragraph 3, the words 'this globalized response cannot relate on the number of credit agreements and the sum of the amounts of credit registered.' shall be replaced by the words "this globalised response cannot relate on the number of credit contracts, the sum of the amounts of registered credit and, in the event of refusal of the credit under section VII.77 , § 2,

paragraph 2, the indication that the refusal is based on the application of this provision. ».
CHAPTER 7. -Changes in Book VII, Title 4, Chapter 4, of the Code of economic law Art. 27. in article VII.159, § 3, of the same Code, inserted by the law of April 19, 2014 and amended by the Act of October 26, 2015, 1 paragraph is replaced by the following: "In the event of assignment of receivables resulting from a mortgage loan with a real estate destination subject to this book, the transferee is also subject to the provisions of this chapter and articles VII.123 to VII.125 and VII.147/21.".
S. 28. in article VII.160, § 6, paragraph 2, of the same Code, inserted by the law of April 19, 2014, "by registered letter to the post office" shall be replaced by the words "by registered mail.
S. 29. in article VII.174, § 6, final paragraph, of the same Code, inserted by the law of April 19, 2014, "by registered letter to the post office" shall be replaced by the words "by registered mail.
CHAPTER 8. -Changes in Book VII, title 5, Chapter 1, of the Code of economic law Art. 30. in article VII.191, of the same Code, inserted by the law of April 19, 2014, "by registered letter mailed and motivated" shall be replaced by the words "by letter motivated by registered post.
S. 31. in article VII.192, 2 °, of the same Code, inserted by the law of April 19, 2014, "by registered letter mailed and motivated" shall be replaced by the words "by letter motivated by registered post.
CHAPTER 9. -Changes in Book VII, title 5, Chapter 3, of the Code of economic law Art. 32 Chapter 3, title 5, code of economic law, inserted by the law of April 19, 2014 and amended by the Act of October 26, 2015, is replaced by the following: "Chapter 3. -Mortgage Art.VII.209. § 1. When the lender has not fulfilled the obligations or prohibitions referred to in articles VII.126, VII.127, VII.129, VII.130, VII.133 and VII.147, the formalities referred to in article VII.132 or the particulars referred to in article VII.134, the judge may: 1 ° without prejudice to the sanctions of law, for a mortgage with a security destination, declare void the contract or reduce the obligations of the consumer to the amount of the collected credit and raise the consumer of all or part of the interest for late payment. In the latter case, the consumer retains the benefit of the timing of payments;
2 ° for a mortgage loan with a real estate destination, condemn the lender to the unique 40 s.f. damages where the amount of the collected credit maximum payment of all interests of the credit is less than or equal to 20 000 euros, 30 maximum p.c. of all interests of the credit when the amount collected is greater than € 20,000.
§ 2. When the credit intermediary has not fulfilled the obligations referred to in articles VII.126, § 1, paragraph 1, VII.127, VII.129, VII.130 or VII.147/29, § 4, the judge may order a penalty equivalent to that referred to in paragraph 1.
S. VII.210. the obligations of the consumer are reduced right to the amount of the collected credit when: 1 ° the lender has agreed a contract of credit at a rate higher than the King has set in application of article VII.147/9;
2 ° the lender has failed or has contravened the provisions referred to in article VII.147/29, §§ 1 to 3;
3 ° the assignment or even the assignment or subrogation of rights arising from a credit agreement took place contrary to the conditions laid down by article VII.147/17;
4 ° a credit agreement concluded: has) by a lender authorized or non-registered in accordance with the legal or regulatory provisions applicable at the time of the granting of credit;
(b) by a lender who had previously renounced this registration or accreditation;
(c) through an intermediary of credit not registered in accordance with the legal or regulatory provisions applicable at the time of the granting of credit;
(d) by a lender whose accreditation or registration had been previously cancelled, revoked or suspended, or who had incurred a ban under article XV.67/3;
(e) through a credit intermediary whose registration had been previously cancelled or suspended, or who had incurred a ban under article XV.68.
In these cases the consumer retains the benefit of the timing of payments.
4 ° of paragraph 1 shall not apply where: 1 ° the relevant lender is a credit institution, an electronic money institution, or a payment institution governed by the law of another EEA Member State, or a financial institution referred to in article 332 of the Act of April 25, 2014, which is entitled under its national law to grant contracts of credit for consumption in the Member State of origin , and which exercises its activities in Belgium through the establishment of a branch or the free provision of services without that formalities imposed for that purpose by the applicable European directives have been complied with;
2 ° the concerned credit intermediary is an intermediary in mortgage credit referred to in article VII.183, § 2, without the formalities imposed by the applicable European directives have been complied with.
S. VII.211. the consumer may require the repayment of the sums paid, increased by the amount of legal, when interest payment took place despite the prohibition referred to in articles VII.137, VII.140 and VII.141, VII.147/3 VII.147/30, § 1, or that it took place in a transaction of mediation of debt prohibited in article VII. 147/31.
S. VII.212. when, despite the prohibition in article VII.147/3, § 1, 1st paragraph, the creditor or credit intermediary pays a sum, the consumer is not required to return the sum paid, to pay the service or property delivered or return it.
S. VII.213. When penalties or damages and interest not provided for by this book are sought to the consumer or to a person who is a security, these are fully relieved of right.
In addition, if the judge considers that the penalties or damages agreed or applied, including in the form of penalty clause, in the event of breach of the convention, are excessive or unjustified, it can automatically reduce or fully identify the consumer.
S. VII.214. in the event of infringement of the provisions referred to in articles VII.143, §§ 2 to 4, VII.147/14 and VII. 147/22, § 4, the consumer will be raised by full right to interest and costs relating to the period covered by the offence.
S. VII.214/1. When, as a result of failure to comply with article VII.134, § 3, 5 °: 1 ° it is not possible to determine the amounts of payments damping or reconstitution, the consumer is not required to make such payments;
2 ° it is not possible to determine the periods and conditions in which periodic expenses, interest or reconstitutifs payments are due, the consumer is required to pay to the anniversaries of the credit.
S. VII.214/2. The consumer is statement of interest for the portion of payments made prior to the supply of goods or the provision of the service in violation of section VII.147/5, paragraphs 1 and 4.
S. VII.214/3. The breach of the provisions of article VII.139, paragraph 1, gives the consumer the right to request cancellation of the contract of sale or provision of service and require the seller or the service provider reimbursement of payments that it has already carried out.
S. VII.214/4. When the consumer has failed to communicate the information referred to in article VII.126 or submitted false information, the judge may, without prejudice to the sanctions of common law, order the rescission of the contract in the wrongs of the consumer.
S.
VII.214/5. Person who, in violation of article VII.147/1, did sign a bill of Exchange or a promissory note or accepts a cheque in payment or as a guarantee of the total or partial repayment of the amount of is required to reimburse to the consumer the total cost of the credit to the consumer.
S.
VII.214/6. The person who constitutes a security interest is discharged from any obligation if it has not received in advance a copy of the contract of credit in accordance with article VII.147/26.
S. VII.214/7.
The recovery of the property tangible personal property made in contravention of the provisions of article VII.147/25 leads to the resolution of the credit agreement. The lender is required to reimburse all sums paid endeans 30 days.
S. VII.214/8. No commission is due when the credit agreement is resolved, cancelled or subject to a forfeiture of the term and that the credit intermediary has not respected the provisions of article VII. 147/30.
S. VII.214/9. Are void of right: 1 ° the addition or the fact to annex one contract other than those referred to in article VII.146;
2 ° any clause contrary to sections VII.147 and VII.147/1.
S. VII.214/10. § .1er.
Without prejudice to the application of the preceding provisions of this chapter, if the creditor or credit intermediary not the obligations or prohibitions contained in Title 4, Chapter 2, or in its orders of execution, the consumer can repay the loan at any time and without compensation any dependant. If the consumer makes use of this right and it is not possible to determine the borrowing rate or periodic rate because the Constitution does not indicate what is required, the accruals are calculated at the legal rate.
§ 2. The right referred to in paragraph 1

does not prejudice to the other rights and remedies which the consumer may assert. ».
CHAPTER 10. -Changes in Book VII, title 7, code of economic law art. 33. in article VII.217, of the same Code, inserted by the law of April 19, 2014, 'VII.101 and VII.114, § 3 of the paper' shall be replaced by the words "VII.101, VII.114, § 3, VII.124, VII.147/9, VII.147/10 and VII.147/30, § 3, of the present book."
S. 34. in article VII.218, paragraph 1, of the same Code, inserted by the law of April 19, 2014, the words "VII.120 and VII.122" are replaced by the words "VII.120, VII.122, VII.147/34, VII.147/36 and VII.147/38.
S. 35. in article VII.219, of the same Code, inserted by the law of April 19, 2014, the words "VII.120 and VII.122" are replaced by the words "VII.120, VII.122, VII.124, VII.147/9, VII.147/10, VII.147/36 and VII.147/38.
CHAPTER 11. -Other amending provisions art. 36 article VI.66, of the same Code, inserted by the law of December 21, 2013, 4 is replaced by the following: ' 4 ° credit agreements subject to Book VII of this code. "
S. 37. in Book VII, of the same Code, it is inserted a schedule 3 which is annexed to this Act.
S. 38 article XV.87, of the same Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° to 2 ° "of articles VII.64 to VII.66' shall be replaced by the words" articles VII.64 to VII.66 and VII.123 to VII.124 ';
2 ° 3 ° is replaced by the following: "3 ° of article VII.125.".
S. 39 article XV.90, of the same Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° to 1 °, 'of the article VII.95, §§ 1, 2, or 3' shall be replaced by the words "of article VII.95, §§ 1, 2 or 3 or article VII.147/10, §§ 1, 2 or 3."
2 ° to 3 °, the words "in article VII.94' are replaced by the words"in articles VII.94 and VII.147/9 ';
3 ° 4 ° is replaced by the following: "4 ° use one of the abusive clauses referred to in articles VII.". 84 to 88 VII, VII. 105, VII.139, VII.140, VII.144 and VII.147/20 or that breaks articles VII.108 or VII.147/25; »;
4 ° to 5 °, the words ' a contract of consumer credit"shall be replaced by the words"of a credit agreement.
5 ° to 6 °, the words "in article VII.89, § 1, ' are replaced by the words" in articles VII.89, § 1 and 147/2, § 1 ";
6 ° to 8 °, the words "in article VII.115' are replaced by the words"in articles VII.115 and 147/31 ';
7 ° to 10 °, the words "article VII.112, § 1" are replaced by the words "articles VII.112, § 1 and VII.147/29, § 4, paragraph 1 ';
8 ° to 11 °, the words 'of the article VII.69' are replaced by the words "articles VII.69 and VII.126, § 1.
9 ° to 14 °, the words «in articles VII.»
99, §§ 1 and 2 and VII. «106, § 4» are replaced by the words "in articles VII.99, VII.106, § 4, VII.147/14 and VII.147/22, § 4.
10 ° to 15 °, the words «of articles VII.78, VII.81 and VII.109, § 2» are replaced by the words "articles VII.78, VII.81, VII.109, § 2, VII.126, § 2, and VII.134 ';
11 ° to 16 °, the words "article VII.77, § 2, paragraph 1" are replaced by the words "articles VII.» ' 77, § 2, paragraph 1 and VII.133, § 2, paragraph 1 of the ';
12 ° to 17 °, the words "in articles VII.117 to VII.122' shall be replaced by the words"in articles VII.117 to VII.122 and VII.147/33-VII.147/38 ';
13 18 ° ° is replaced by the following: "18 ° contravenes articles VII.137, VII.138, VII.143, VII.146, VII.147 and 147/26, § 1;";
14 ° 19 ° is replaced by the following: '19 ° as a lender or credit intermediary does not provide to the consumer the ESIS referred to in articles VII.127 and VII.128, or who knowingly in violation of sections VII.129 and VII.130, does not provide the information best suited or not search credit best suited.'.
CHAPTER 12. -Provision repealing art. 40. the royal decree of 5 February 1993 containing various provisions for the implementation of Act of 4 August 1992 on mortgage credit, is repealed.
CHAPTER 13. -Provisions transitional art. 41 § 1. This Act applies to credit agreements which the credit was sought to the lender from December 1, 2016 using the forms referred to in article VII.126, § 2, of the Code of law economic, as inserted by section 24 of this Act.
This Act also apply to contracts concluded from 1 March 2017 credit if the credit is requested prior to December 1, 2016. In this case credit contracts cannot be validly concluded only after the consumer first received adequate explanations, ESIS and where appropriate an offer of credit within the meaning of this Act and within the terms envisaged.
§ 2. Articles VII.147/18 VII.147/20, VII.147/26, § 1, first and second sentence, VII.147/27, VII.147/31 and VII.147/33, § 1, last paragraph of the Code of economic law, such as inserted by section 24 of this Act, the civil penalty for violation of section VII.147/31 in article VII.211, inserted in the Code of economic law by section 32 of this Act and the corresponding criminal penalties inserted by article 39 of this Act apply to contracts of outstanding credit from March 1, 2017.
§ 3. Articles VII.147/2, VII.147/22, VII.147/23 and VII.147/28, code such as economic law as inserted by article 24 of this Act also apply to debt owing and unpaid issues of credit agreements concluded before the entry into force of this Act, when the following conditions occur after March 1, 2017: 1 ° be resolution of the contract, or forfeiture of the term;
2 ° is a single late payment.
For the purposes of article VII.147/2 of the Code, the clause in the credit agreement which allows the assignment of pay is worth separate act within the meaning of article 27 of the Act of 12 April 1965 on the protection of workers compensation. The letter of notification, referred to in article 28, 1 ° of the law reproduced articles 28 to 32 of the Act.
§ 4. No later than three years after the publication of this Act in the Moniteur belge, the parties are required to adapt current open-end credit contracts and contracts of current personal safety under this Act.
Before the expiry of this period, the consumer and if applicable, the person which is a personal safety, are informed of the amendments to the contract resulting from this Act. The proof of this information is the responsibility of the lender. However, when the adjustments have also to amend the contractual obligations of the consumer, this information is in the form of an amendment to the credit agreement.
This endorsement is deemed accepted by the consumer at the end of a period of one month from the date of its mailing.
The provisions of current credit agreements which are, for imperative reasons or public order, contrary to the aforementioned articles are reduced from full right to provisions that are permitted by these articles.
§ 5. In no later than three years after the publication of this Act in the Moniteur belge, the lender shall, in accordance with articles VII.160, § 5, paragraph (2) and VII.174, § 3, paragraph 3, of the Code of economic law, contracts of credit models adapted to this Act, for approval by the FPS economy.
§ 6. The provisions relating to the entries in the security agreement referred to in article VII.147/26, § 2 of the Code of economic law, such as inserted by article 24 of this law, are only required for new contracts from the date to be determined by the King in a decree deliberated in the Council of Ministers after the opinion of the Committee in support of the central credit to individuals.
§ 7. Infringements of the provisions of this article are sought, found and punished in accordance with the provisions of book XV of the Code of economic law.
§ 8. The King may extend the dates in these transitional provisions for a maximum of one year.
CHAPTER 14. -Of the grant of jurisdiction art. 42. the laws and existing enforcement orders which make reference to the provisions referred to in articles 24, 32 and 40, are presumed to refer to the equivalent provisions of the Code of economic law, as that inserted by this Act.
S. 43. the King may replace references in laws or existing orders to the provisions referred to in articles 24, 32 and 40 with references to the equivalent provisions of the Code of economic law, as that inserted by this Act.
S. 44 the King can coordinate the provisions of the Code of economic law, as that inserted by this law, with provisions that would have expressly or implicitly modified at the time where the coordination will be established.
To this end it may: 1 ° modify the order, numbering and, in general, the presentation of the provisions to coordinate;
2 ° amend the references contained in the provisions to coordinate to put them in line with the new numbering;
3 ° amend the drafting of the provisions to coordinate to ensure consistency and to unify the terminology without that it can be infringed the principles embodied in these provisions.
Chapter 15 - entry into force art. 45. this Act comes into force on December 1, 2016.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, April 22, 2016.
PHILIPPE by the King: the Minister of the economy

and consumers, K. PEETERS, the Minister of finance, J. VAN OVERTVELDT the Minister of Justice, K. GARG, Minister of Middle Classes, W. BORSUS sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives: (www.lachambre.be) Documents: 54-1685-2015/2016 full record: 13 and 14 April 2016.

Annex annex 3 in Book VII of the Code of economic law.
(ESIS) European standardised information sheet - Article VII.127 part A the text of the following model will be reproduced as what in ESIS. Indications between square brackets should be replaced by the corresponding information. The lender or, where applicable, the credit intermediary will find part B instructions on how to complete the ESIS.
The words "as appropriate" means that the lender will give the required information if it is relevant to the credit agreement. When the information is not relevant, the lender will have to remove the topic or the whole of the section in question (e.g. If the section is not applicable). In case of removal of the entire section, other sections of the ESIS shall be renumbered accordingly.
The information below will have to be communicated in the form of a single document. Policy must be clearly legible. Bold or larger or different background should be used for information to highlight. All applicable warnings should be highlighted.
ESIS model (Introduction) this document has been prepared for [user name] [current date].
This document was prepared on the basis of the information provided by you at this stage and the conditions prevailing on the capital market.
The following information shall remain valid until [date of validity], (as applicable) with the exception of the borrowing rate and other charges. Beyond this date, they are subject to change depending on the evolution of the market.
(If applicable)
This document does oblige not [the lender name] to give you a credit.
1 lender [name] [telephone number] [geographical address] (optional) [email address] (optional) [fax number] (optional) [web address] (optional) [person/point of contact] (if applicable, information on the possible supply of consultancy services) [(Après avoir évalué vos besoins et votre situation, nous vous recommandons de contracter ce crédit immobilier/Nous ne vous recommandons pas de contracter un crédit immobilier en particulier.)]
However, on the basis of the replies that you have made to certain questions, we send you information about this mortgage so you can make your own decision)] 2.
(If applicable) Credit intermediary [name] [telephone number] [geographical address] (optional) [email address] (optional) [fax number] (optional) [web address] (optional) [person/point of contact] (if necessary [information on the possible provision of advice]) [(Après avoir évalué vos besoins et votre situation, nous vous recommandons de contracter ce crédit immobilier / Nous ne vous recommandons pas de contracter un crédit immobilier en particulier.)] However, on the basis of the replies that you have made to certain questions, we send you information about this mortgage so you can make your own decision)] [Remuneration] 3.
Main features of the credit amount and currency of the credit to be granted: [value] [currency] (if applicable) this appropriation is not in [national currency of the borrower].
(If applicable) The value of your credit in [national currency of the borrower] could change.
(If applicable) For example, if the value of the national currency of the borrower] 20% decline from [the currency of credit], the value of your credit will reach [amount in the national currency of the borrower].
This increase may be more important if the value [of the national currency of the borrower] drops of more than 20%.
(If applicable) The maximum value of your credit will be [indicate the amount in the national currency of the borrower]. (If applicable) You will receive a warning if the amount reaches credit [amount in the national currency of the borrower]. (If applicable) You will be able to [indicate the right to renegotiate the credit in foreign currency or the right to convert [concerned currency] and conditions].
Duration of credit: [duration] [credit Type] [interest rate Type] total amount to pay: This means that you will repay [amount] for each [currency] borrowed.
(If applicable) [This credit / this part of the credit] is a credit without any repayment of capital. The amount of [amount of credit without any repayment of capital] is payable at the end of the period covered by the credit.
(If applicable) Estimated value of the property to prepare this information sheet: [amount] (if applicable) maximum amount of credit available from the value of the property [indicate the ratio] or minimum value required to borrow the amount shown [amount] (if applicable) [guarantee] 4. Interest rates and other fees rate annual global workforce (APR) is the total cost of credit expressed as an annual percentage. The APR is indicated to help you compare different offers.
The APR applicable to your credit is [Apr].
It includes: rate of interest [percentage value] [other components of the APR] fees payable only once: (if any) you will need to pay a fee to register the mortgage. [Indicate the amount of expenses is known or the basis of calculation.]
Fee payable regularly: (if applicable) this APR is calculated on the basis of the interest rate assumptions.
(If applicable)
As [a part of] your credit is a credit variable rate, the effective APR may be different from this APR if your credit interest rate changes. For example, if the interest rate reaches [hypothesis described in part B], the APR could go to [indicate the illustrative Apr corresponding hypothesis].
(If applicable) Please note that the APR is calculated on the basis of an interest rate remaining at the level fixed for the initial period for the duration of the contract.
(If applicable) The following costs are not known by the lender and are therefore not taken into account in the APR: [fresh] (if any) you will need to pay a fee to register the mortgage.
Please ensure that you have taken knowledge of all costs and ancillary taxes related to your credit.
5. number and frequency of payments frequency of instalments: [recurrence] number of payments: [number] 6. Amount of each payment [amount] [currency] your income can fluctuate. Please ensure that you will always face your payments [frequency] in case your income would decrease.
(If applicable) As [this credit / part of this credit] is a credit without any repayment of capital, you will need to arrange separate for the purposes of reimbursement of [indicate the amount of the credit without any repayment of capital] which will be due at the end of the credit. Be sure to add any additional payment which you must pay in addition to the amount of the payments shown here.
(If applicable) The interest rate applicable to [a part of] this appropriation can fluctuate. As a result, the amount of your payments may increase or decrease. For example, if the [hypothesis described in part B] reached interest rate, your payments could reach [indicate the amount of payments corresponding to the assumption].
(If applicable) The value of the amount that you must pay in [national currency of the borrower] each [frequency of instalments] can fluctuate. (If applicable) Your payments could reach [indicate the maximum amount in the national currency of the borrower] each [state the period].
(If applicable) For example, if the value of [the national currency of the borrower] decrease of 20% from [the currency of the loan] you pay [amount in the national currency of the borrower] additional each [state the period]. Your payment could increase much more than in this example.
(If applicable) The exchange rate used to convert your payment denominated in [currency in which credit is denominated] in [national currency of the borrower] will the rate published by [name of institution issuing the exchange rate] [date] shall be calculated on [date], using [name of reference or the method of calculating value].
(If applicable) [Details on related savings products, credits for deferred interest]
7. (if applicable) indicative schedule this schedule shows the amount to be paid all the [frequency].
Payments (column no. [column number]) correspond to the amount of interest payable (ID [column number] column), where applicable, the share capital fully paid (column no. [column number]), and, where applicable, other costs (column no. [column number]). (If applicable), the cost of the "other expenses" column are as follows: [list of expenses]. Remaining capital due (column no. [column number]) is the amount remaining to be repaid after each payment.
[Table]
8 additional obligations the borrower must fulfil the following obligations for credit conditions described in this document.
[Bonds]
(If applicable) Please note that the conditions of credit described in this document (including the rate

of interest) may change if these obligations are not met.
(If applicable)
Please take note of the possible consequences of a subsequent deletion of one of the auxiliary services related to the credit. [Consequences]
9 prepayment you have the possibility to repay fully or partially this credit in advance.
(If applicable) [Conditions]
(If applicable) Departure fee: [indicate the amount or, if this is not possible, the method of calculation] (if applicable) If you decide to repay this loan in advance, please contact us to establish the exact amount of output at this time costs there.
10 variable characteristics (as applicable) [information on the portability/subrogation] you have the ability to transfer this appropriation to another [lender] [or] [with respect to other property]. [Indicate the conditions]
(If applicable)
You do not have the ability to transfer this appropriation to another [lender] [or] [with respect to other property].
(If applicable) Additional features: [explanation of additional characteristics listed in part B and, possibly, other features offered by the lender under the credit agreement which are not mentioned in the previous sections].
11. other rights of the borrower (if any) you have [duration of the reflection period] after the [start of the reflection period] to reflect before you commit to getting this credit.
(If applicable) Once you have received from the lender the credit agreement, you won't be able to accept it before the [duration of the reflection period] end. (If applicable) [During the withdrawal period] after the [beginning of withdrawal period], you can exercise your right to cancel the contract. [Conditions]
[Indicate the procedure]
(If applicable) You can lose your right to cancel the contract if, during this period, you buy or sell a property relating to the credit agreement.
(If applicable) If you decide to exercise your right of withdrawal [relating to the credit agreement], please check if you remain bound by other obligations falling within the framework of credit [including ancillary services related to credit] [, referred to in section 8].
12 claims if you have a claim, please contact [insert the point of contact and source of information on the procedure].
(If applicable) Timeout for treatment [duration] claim (if applicable) [if we have not resolved the complaint to your satisfaction internally], you can also contact: [insert name of the outside agency responsible for the settlement of the claims and extrajudicial remedies] (if applicable) or you can contact FIN-NET to get the coordinates of the body in your country.
13 non-compliance with commitments related to credit: consequences for the borrower [kinds of non-compliance] [financial and/or Legal Consequences] If you have problems to pay your payments [frequency], please contact us immediately to study possible solutions.
(If applicable) Last spring, your home can be seized if you you pay your repayments.
(As applicable) 14. Additional information (if applicable) [Indication of the law applicable to the credit agreement] (when the lender intends to use a language different from the language of ESIS) information and contractual terms will be provided in [language]. With your agreement, we intend to communicate in [language/languages] during the duration of the credit agreement.
[Insert the reference to the right to receive or to be offered, where appropriate, a draft contract of credit] 15.
Supervisory authority that lender is monitored by [name (s) and address of the authority or supervisory authorities].
(If applicable) This credit intermediary is monitored by [name and address of the supervisory authority].

PART B Instructions to complete the ESIS the ESIS is completed at least following the instructions below. Member States may however develop or clarify the instructions to complete the ESIS.
Section 'Introduction' the date of validity is duly highlighted.
For the purposes of this section, "date of validity" means the period during which the information, for example the borrowing rate, contained in the ESIS will not be changed and will apply if the lender decides to grant the credit during this period.
Section 1. Lender 1. The name, phone number and the geographical address of the lender are the coordinates that the consumer can use for any future correspondence.
2. the information on e-mail, fax, web address and the person or the point of contact numbers are optional.
3. pursuant to article 3 of directive 2002/65/EC when the transaction is proposed at a distance, the lender indicates, where applicable, the name and the geographical address of its representative in the Member State of residence of the consumer. Telephone number, e-mail address, and the web address of the representative of the claimant of credit are optional.
4. If section 2 is not applicable, the lender made know to the consumer if consulting services are provided and on what basis, following the wording of part a. (if applicable) "2. Credit intermediary' product information provided to the consumer by a credit intermediary: 1. name, telephone number and the geographical address of the credit intermediary are the coordinates that the consumer can use for any future correspondence.
2. the information on e-mail, fax, web address and the person or the point of contact numbers are optional.
3. the credit intermediary indicates to the consumer if consulting services are provided and on what basis, following the wording of part A. 4. Explanations concerning the mode of remuneration of the credit intermediary. If it receives a commission on the part of a lender, the amount and, if it is different from the name in section 1, the name of the lender are indicated.
Section 3. Main features of loan 1. This section explains clearly the main features of the credit, including the value and currency so that the potential risks associated with the borrowing rate, including the risks referred to in point 8, and the structure of amortization.
2. If the currency of the credit is not the national currency of the consumer, the lender says that the consumer will be notified regularly, at least if the exchange rate varies by more than 20%, that it shall have the right, where appropriate, to convert the currency of the credit agreement or the possibility of renegotiating the terms and any other agreement available to the consumer to limit its exposure to exchange rate risk. When the credit agreement contains a provision to reduce the currency risk, the lender indicates the maximum amount that the consumer would have to repay. When the credit agreement contains no provisions to limit the risk of Exchange to which the consumer is exposed to less than 20% fluctuation of the exchange rate, the lender provides an example of the effect that would have on the value of the loan a decrease of 20% of the value of the national currency of the consumer against the currency of the credit.
3. the duration of the credit is expressed in years or months, depending on whether another unit is the most appropriate. If the duration of the credit is likely to vary during the life of the contract, the lender explains when and under what conditions this variation may occur. If the credit is indefinite, for example in the case of a credit card with warranty, the lender makes clear.
4. the type of credit should be clearly indicated (e.g., credit mortgage, ready housing, credit with guarantee card). The description of the type of credit shows clearly how the principal and interest shall be reimbursed on the duration of the loan (i.e., the structure of amortization), specifying if the door credit on the principal repayment agreement or if credit contracted pursuant to this contract is a credit without any repayment of capital, or a mix of both.
5. If the credit is, in whole or in part, a credit without reimbursement of the capital, a statement clearly indicating this fact figure prominently at the end of this section by following the wording of part A. 6. This section States if the borrowing rate is fixed or variable and, where appropriate, the periods during which it will remain fixed, the frequency of changes in the rates and the potential limits of variation of the borrowing rate (ceilings and floors, for example).
The formula used to revise the variability of the borrowing rate and its components (for example, the reference rate or the interest rate spreads) are explained. The lender specifies, for example on its web site, where to find more information on indices or rates used in the formula (for example, the Euribor or the reference of the Central Bank rate).
7. If different borrowing rates apply depending on the circumstances, the information relates to all rates.
8. the 'total amount to repay' corresponds to the total amount owed by the consumer. It is calculated by adding the amount of the loan and the total cost of the loan for the consumer.
If the borrowing rate is fixed for the duration of the contract, it should be noted that this amount

is given as a guide and may vary in particular according to the variations of the borrowing rate.
9. when the loan is secured by a mortgage on the property, by another comparable security or by a right related to immovable property, the lender draws attention of the consumer on this fact.
Where appropriate, the lender indicates the estimated value of the property or other security used for the purposes of preparing this information sheet.
10. the lender shall indicate, where relevant: has) the "maximum amount of loan available from the value of the property," which is the amount ratio to finance / value of the property (mortgage ratio). This ratio is accompanied by an example in absolute value the maximum amount that may be borrowed for the value of a particular asset; or (b) the "minimum value of the property required by the lender to pay the amount shown.
11. when the credits are credits in several parts (for example, loans partly fixed, partly to variable rate), this information is contained in the indication of the type of credit, and the required information are mentioned for each part of the credit.
Section 4. Interest rate and other charges 1.
The "interest rate" is the borrowing rate or lending rates.
2. the borrowing rate is indicated as a percentage.
If the borrowing rate is variable, the information includes: a) the assumptions used for the calculation of the Apr. b) if necessary, ceilings and thresholds;
and (c) a warning indicating that the variability might affect the real level of the Apr. For the attention of the consumer, the character size used for the warning is greater and figure prominently in the main part of the ESIS. The warning is accompanied by an indicative example of the Apr. When the borrowing rate is capped, the example assumes that the borrowing rate rises in the shortest time limits at the level the highest under the credit agreement. In the absence of a ceiling, the example shows the Apr to the debtor the highest rate over the past 20 years at least or, if the underlying data for the calculation of the borrowing rate available for a period of less of twenty years, the longest period for which these data are available, based on the value the highest of any external reference rate used for the calculation of the rate applicable , or the highest value of a reference rate fixed by a competent authority or the ABE when the lender does not use an external reference rate. This requirement does not apply to credit agreements which the borrowing rate is fixed for an initial period of several years and can then be set for a further period after negotiation between the lender and the consumer.
In the case of credit agreements which the borrowing rate is fixed for an initial period of several years and can then be set for a further period after negotiation between the lender and the consumer, the information includes a warning that the APR is calculated on the basis of the borrowing rate of the initial period. The warning is accompanied by an example of additional Apr calculated in accordance with article 17, paragraph 4, of the directive, as transposed by the King under article I.9, 42 ° of the Code of economic law. When credits are credits in several parts (for example, partly fixed-rate, partly to variable rate), information are mentioned for each part of the credit.
3. in the section «Other components of the APR», it is advisable to list all other costs included in the APR, including non-recurring costs, such as administrative fees, and fees, such as the annual administrative fee. The lender lists by category (fee paying way not recurrent, fees regularly and included in payments, fees regularly but not included in payments), indicating their amount and expenses specifying to whom and when they must be paid. It is not necessary to include the costs incurred for non-compliance with contractual obligations. Where this amount is not known, the lender if possible gives an indication of the amount or, failing this, explains the method of calculation of the amount and says that this amount is given for informational. Where certain costs are not included in the APR because the lender does not know, should draw attention to this fact.
If the consumer told the lender one or several elements of the credit that he favours, such as the duration of the credit agreement and the total amount of the credit, the lender is, if possible, account of these elements; If a credit agreement provides to the consumer different possibilities of levy, charge or different borrowing rates, and that the lender applies the hypothesis of annex I, part II, it indicates that other modalities of collection exists for this type of credit can lead to a higher APR. When the conditions of sampling are used for the calculation of the APR, the lender draws attention to costs related to the other terms of levy which are not necessarily those used in the calculation of the Apr.
4. If the registration of the mortgage or other comparable security gives rise to the payment of fees, this information is contained in this section with the amount, if known, or, if this is not possible, the basis for determining this amount. If the costs are known and included in the APR, the existence and the amount of the fees are mentioned under the heading "fees payable only once. If costs are not known to the lender and are therefore not taken into account in the APR, their existence is clearly mentioned on the list of expenses that are not known to the lender. In both cases, the formulation type of the part is used in the corresponding section.
Section 5. Number and frequency of payments 1.
If payments are made at regular intervals, their periodicity (e.g., monthly) is specified. If the payment frequency is irregular, this fact is clearly explained to the consumer.
2. the number of instalments indicated concerns the duration of the loan.
Section 6. Amount of each payment 1. The currency of the credit and currency of payments are indicated clearly.
2. where the amount of payments is likely to change over the life of the credit, the lender says period during which amount initial payment remains unchanged, and when and with what frequency it will change eventually.
3. when credit is, in whole or in part, a credit without reimbursement of the capital, a statement clearly indicating this figure prominently at the end of this section, following the wording of part a.
If the consumer is held to a savings product linked as a condition to obtain a loan without repayment of capital guaranteed by a mortgage or a comparable security, the amount and periodicity of payments are indicated.
4 when the borrowing rate is variable, the information said, according to the wording of part A, and provides an example of amount of payment. Where there is a ceiling, the example specifies what will be the amount of the payments if the borrowing rate reached this ceiling. In the absence of a ceiling, this is the worst case assumption that illustrates the level of payments to the debtor the higher rate over the last twenty years, or, if the underlying data for the calculation of the borrowing rate available for a period of less of twenty years, the longest period for which these data are available, based on the value the highest of any external reference rate used for the calculation of the rate debtor if applicable or the highest rate of reference fixed by a competent authority or the ABE when the lender does not an external reference rate.
The requirement to provide an example for guidance does not apply to credit agreements which the borrowing rate is fixed for an initial period of several years and can then be set for a further period after negotiation between the lender and the consumer. When credits are credits in several parts (for example, partly fixed-rate, partly to variable rate), information are mentioned for each part of the credit, and for the total.
5. (if applicable) when the currency of the loan is not the currency of the consumer or credit has been indexed on a currency that is not the national currency of the consumer, the lender gives an example encrypted showing clearly the impact that changes in the applicable exchange rate can have on the amount of payments, by following the wording of the part has. This example is based on a reduction of 20% of the value of the currency of the consumer, accompanied by a visible statement stating that payments could increase that amount assumed in this example. When a cap limits the increase to an amount less than 20%, the maximum amount of the payments in the currency of the consumer is indicated, without mentioning the possibility of further increases.
6. when the credit is, in whole or in part, a variable-rate credit and item 3 applies, the example referred to in point 5 is provided on the basis of the amount of payment referred to in point 1.
7. when the currency in which payments are denominated is different from the currency of credit or the amount of each

payment expressed in the national currency of the consumer depends on the amount in another currency, this section indicates the date on which the applicable exchange rate is calculated and the exchange rate or the basis on which it will be calculated as well as the frequency of their adjustment. Where appropriate, information provided include the name of the institution which publishes the applicable exchange rate.
8. When is a credit to deferred interest interest due are not fully reimbursed by payments and are in addition to the total amount of the remaining credit due, the following explanations are provided: how and when the deferred interests are in addition to the credit as a cash contribution; and what are the consequences for the consumer at the level of the rest of the debt.
Section 7. Indicative schedule 1. This section is added when the borrowing rate is fixed for the duration of the credit agreement. Member States may provide that the indicative amortization schedule is required in other cases.
When the consumer has the right to receive a revised amortization schedule, this right is mentioned with the conditions under which the consumer can exercise it.
2. Member States may require that, if the borrowing rate is likely to vary during the term of the credit, the lender indicates the period during which this initial borrowing rate will remain unchanged.
3 table to include in this section includes the following columns: "maturity" (for example, 1st month, month 2, 3rd month) "payment amount", "interest payable by payment", "other charges included in payment" (if applicable), 'capital reimbursed by payment' and 'capital remaining due after each payment.
4. for the first year of repayment, information is provided for each instalment, and a subtotal corresponding at the end of this first year is provided for each of the columns. For the following years, the information can be provided on an annual basis. An additional row is added at the end of the table to indicate the total of each column. The total cost of the credit paid by the consumer (which corresponds to the total of the column "payment amount") is duly highlighted and marked as such.
5. If the borrowing rate is variable and the amount of the payment after each variation is not known, the lender may indicate the depreciation table in the same amount of payment for the duration of the credit. In this case, he drew the attention of the consumer on this fact by visually differentiating the amounts known to hypothetical amounts (using, for example, a different font, other borders, or a different background). In addition, a clear and intelligible text explains what periods the amounts presented in the schedule are likely to vary and why.
Section 8. Additional obligations 1.
In this section, the lender mentions obligations such as those to provide the real estate, to purchase life insurance, pay a salary to an account of the lender or acquire another product or service. For each obligation, the lender Specifies to whom and within what period it must be completed.
2. the lender specifies the duration of the obligation, for example, the term of the credit agreement. The lender specifies, for each obligation, all charges payable by the consumer that are not included in the Apr.
3. the lender indicates whether the consumer is required to subscribe to ancillary services to get credit to the conditions mentioned, and if so, if the consumer is required to subscribe to the claimant indicated by the lender or if these services can be purchased from a supplier chosen by the consumer. If this possibility is subject to compliance with certain minimum requirements by ancillary services, these features are described in this section.
If the credit agreement is related to other products, the lender mentions the essential characteristics of these other products and clearly indicates if the consumer has the right to terminate the credit agreement or the related products separately, under what conditions and with what consequences, if any, potential consequences of suppression of ancillary services required under the credit agreement.
Section 9. Early repayment 1. The lender said the conditions under which the consumer can repay the credit in advance, wholly or partially.
2. in the section on exit fees, the lender draws the attention of the consumer on any departure fee or any other fee payable in respect of prepayment to compensate the lender and, where appropriate, they must indicate the amount.
If the amount of the compensation depends on several factors, such as the repayment amount or the interest rate in effect at the time of the early repayment, the lender indicates how compensation is calculated and indicates the maximum amount of the expense or, if this is not possible, it provides an indicative example in order to inform the consumer of the possible level of compensation in several different scenarios.
Section 10. Variable characteristics 1. If necessary, the lender says the possibility of transferring credits to another lender or in respect of another real estate as well as the conditions relating to this transfer.
2. (if applicable) additional features: when the product contains any of the characteristics listed in point 5 of the present section shall list them and provide a brief explanation of the following aspects: the circumstances in which the consumer can use this feature. the conditions related to the characteristic; If the fact that the feature is part of the credit secured by a mortgage or a comparable guarantee means that the consumer loses regulatory or other protection usually associated with the feature. the company providing the feature (if it differs from the lender).
3. If the feature provides an extra credit, then this section should indicate to the consumer: the total amount of credit (including credit secured by the mortgage or the comparable guarantee); If the additional credit is secured or not; lending rates concerned and whether the feature is regulated or not. This amount of extra credit is included in the initial assessment of solvency or, if it is not, this section specifies that the availability of the additional amount is subject to a new assessment of the repayment ability of the consumer.
4 If the feature involves a savings vehicle, the appropriate interest rate must be explained.
5. possible additional features are as follows: "too paid/less paid [payments in excess of or less than the payment normally required by the structure of amortization]; «»» Temporary waiver of repayment"[periods during which the consumer is not required to make payments]; «Reemprunt» [possibility for the consumer to again borrow funds already collected and reimbursed]; "Additional loan available without further approval." «Additional borrowing secure or not secure» [in accordance with point 3 above]; 'Credit card '. «Linked current account.» and "savings account bound.
6. the lender may include all other features offered by the lender under the credit agreement which are not mentioned in the previous sections.
Section 11. Other rights of the borrower 1. The lender gives clarification (s) right (s) of withdrawal or reflection and, where appropriate, other existing rights such as portability (including subrogation), on the conditions to which such rights are subject, on the procedure to be followed by the consumer in order to exercise them, and including the address where the request of withdrawal is sent , as well as the corresponding fee, if applicable.
2. when the consumer has a period of reflection or a right of withdrawal, this faculty is clearly mentioned.
3. pursuant to article 3 of directive 2002/65/EC when the transaction is proposed at a distance, the consumer is informed of the existence or absence of a right of withdrawal.
Section 12. Claims 1. This section indicates the point of internal contact [name of the authority] and the means to contact in case of claim [address] or [phone number] or [contact person]: [contact information] as well as a link to the procedure of claim on the page of a website or a similar information source.
2. it indicates the name of the outside agency responsible for the settlement of claims and extrajudicial remedies and when the use of the internal complaints procedure is a prerequisite for access to this organization, indicated by following the wording of part A. 3. In the case of a credit agreement with a consumer residing in another Member State, the lender mentions the existence of the FIN-NET network (http: / / ec.europa.eu/internal_market/fin-net/index_fr.htm).
Section 13. Failure to comply with commitments related to the loan: consequences for the borrower 1. If non-compliance, by the consumer, the one of any obligations related to its loan may have for him to financial or legal consequences the lender described in this section the main possible situations (delay or default

payment, or failure to comply with the obligations set out in section 8, 'Supplementary Obligations', for example) and indicates where additional information could be obtained.
2. for each of these cases, the lender says, in clear and easily understandable terms sanctions or consequences to which the borrower is exposed. The more serious consequences are highlighted.
Section 14. Additional information 1. In the case of distance selling, this section includes any topic specifying the law applicable to the credit agreement and/or the competent court.
2. where the lender intends to communicate with the consumer during the duration of validity of the contract in a language other than that of ESIS, this is mentioned and the language of communication is indicated. This is without prejudice to article 3, paragraph 1, item 3, g), of directive 2002/65/EC.
3. the creditor or credit intermediary indicates the right of the consumer to receive a copy of the draft credit agreement, at least after that offer engaging the lender has been provided.
Section 15. Supervisory authority or competent authorities for the surveillance of the pre-contractual stage of lending activity are shown.