145/2010 Sb.
LAW
of 21 April 2004. April 2010
consumer credit and on amendment to certain laws
Change: 43/2013 Sb.
Change: 43/2013 (part)
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
CONSUMER LOAN
§ 1
The subject of the edit
This law incorporates the relevant provisions of the European Union "^ 1") and modifies the
some rights and obligations relating to consumer credit.
Consumer loan means a deferred payment, loan, loan or
other similar financial service provided or promised to the consumer
the creditor, or by the provider.
§ 2
This law shall not apply to the deferred payment, loan or other loan
similar financial service
and provided for the purpose of housing), in which the claim is secured
lien on real estate and whose purpose is
1. the acquisition of ownership of real estate, settlement of property
relations to real estate or construction of the property,
2. the remuneration for the transfer of membership rights and obligations in the housing or
the acquisition of a participation in another entity in order to obtain user rights
a flat or a House,
3. change the construction ^ 2) or its connections to public networks,
4. the payment of the costs associated with obtaining a loan, loan or other similar
financial services with the purposes referred to in points 1 to 3, or
5. repayment of the loan, loan or other similar financial services provided
for the purposes referred to in points 1 to 4, or 5,
(b)) in the form of an agreed lease case or leasing, with the exception of the
relations, for which the right or obligation to purchase agreed the subject matter of the contract
or another possibility of acquisition of ownership after a certain period,
(c)) granted without interest and any remuneration,
(d)) in the form of agreed interim provision of services or delivery of goods
of the same species, for which the consumer can pay in the course of their
the provision in the form of payments,
(e)) with a total amount of less than $ 5 000 or a higher than 1 880 0000 CZK;
the amount of CZK 5 000 shall be deemed reached even if, if it is between the same
the creditor and the consumer in the period 12 months more contracts with
the same or a similar purpose, that the law applies to
agreement that reaches or exceeds the total loan amount and 5 000 CZK
all of the following contracts concluded within that period,
(f)) which the employer provides to its employees as a side
working with the annual percentage rate cost less than the annual percentage
the rate of the cost of consumer loans typically offered on the market, and that
It is not generally offered to the public,
(g)) agreed with the securities dealer or a Bank, with the purpose of
is the implementation of the investment facility operations ^ 3), whereby a trader with
securities or Bank are involved in this operation,
(h)) in the form of free, deferring the payment of existing debt,
I) provided a limited circle of persons in the public interest on the basis of the
other legislation of interest or with interest rates lower,
than the market rates are normal,
(j)) which provide the lender is left in the movable thing and lenders
does not the right to a refund, or
k) that is included in the settlement closed before the Court or other
by the competent authority.
§ 3
The definition of certain concepts
For the purposes of this Act, means the
and) consumer means any natural person who is not in the context of their business
activity or within a separate exercise of their profession,
(b)) the lender, the person offers or provides consumer credit in
course of its business, or in a separate exercise of their
the profession,
(c)) by the provider, the person who is not a creditor and who, in the course of their
business activity or in a separate exercise of their profession
as a reward, offers the consumer the possibility to conclude a contract, in which the
arranged by consumer credit with a lender or helping him this contract
close or on behalf of the creditor,
(d)) annual percentage rate cost of consumer credit overall
the cost of consumer credit to the consumer expressed as an annual
a percentage of the total amount of consumer credit,
e) total cost of the credit to the consumer of the consumer of all
the costs, including interest, commissions, taxes and any other fees,
which the consumer has to pay in connection with consumer credit
and that are known to the creditor, except for the cost of the services of a notary; to
the total cost will be included and the cost associated with the additional
consumer credit services, especially insurance, if it is the conclusion of the
the contract for the provision of additional services required for the acquisition of
consumer credit or obtaining for the offered conditions,
(f) the total amount payable by the consumer) the sum of the total amount
consumer credit consumer credit and the total cost for the
the consumer,
g) options for swapping the express agreement of the parties on the making available of
the funds which exceed the current balance in the payment
consumer account,
h) reference interest rate the interest rate that will be used as
the basis to calculate any interest to be applied, and that
comes from publicly accessible sources, and which the parties to the Treaty
to verify, but they cannot in any way affect her directly,
I) the indication of the lender or the provider at least putting his name
first and last name, or business name, and the place of business, if the
a natural person, company or business name, location, or the location of the
organizational folder in the territory of the Czech Republic, in the case of a legal person,
j) permanent data carrier means any instrument which enables the consumer to
preservation of information intended personally to him so that they can be used after
period of time adequate to the purpose of the information and which allows the reproduction of
This information, in unchanged form,
to) the total amount of consumer credit the sum of all amounts that are
made available to the consumer,
l) borrowing interest rate the interest rate expressed as a fixed or
variable percentage rate applied per year on the amount of pumped
consumer credit,
m) fixed borrowing rate of interest only loan interest rate
negotiated between the lender and the consumer on the entire duration of the
consumer credit or more borrowing interest rates set by the
for the partial period only constant specific percentage value;
If they are not in the contract, in which he arranged for consumer credit,
set all the borrowing interest rates, the borrowing interest
the rate for fixed only for the partial periods for which they are
the lending interest rates only a constant specific percentage
the value of the agreed upon the conclusion of this Treaty,
n) amortisation table the table containing the due payments, terms and conditions
relating to the repayment of these amounts, a breakdown of each repayment
showing the amortization of the principal, the interest calculated on the basis of interest rates and the
any additional costs; If the interest rate is not fixed
or it is possible to retrospectively change the cost, the amortisation table shall contain
clear and concise information that these figures only apply to changes
the interest rate or the additional costs in accordance with the Treaty,
that is a consumer loan.
Information obligations
§ 4
If a consumer loan or are offered his mediation
advertising, which is any indication of its costs, the
advertising include a clear, concise and clear manner in the form of
a representative example of the information referred to in annex 1 to this
the law.
§ 5
(1) a creditor shall provide the consumer, in paper form or on a different
durable medium the information referred to in annex 2 to this Act.
They do so well in advance of the conclusion of the contract, in which the
arranges for a consumer loan, or before that, the consumer shall take the
a binding proposal for the conclusion of such a contract. All information must be
just as significant. Other than the information referred to in annex 2 to this
the law shall provide to the lender in a separate document.
(2) the information referred to in part I of annex 2 to this Act, the
provide on the form set out in annex 6 to this Act.
The information referred to in part II. Annex 2 to this Act shall provide the
the form set out in annex 7 to this Act.
(3) the provision of information in the manner referred to in paragraph 2, the creditor has fulfilled
information duty according to the law governing the contract of financial
the service concluded at a distance ^ 10).
(4) If a consumer loan sjednáván at the request of the consumer
through means of distance communication which does not enable
the provision of pre-contractual information in a manner referred to in paragraph 1,
the creditor shall be obliged to provide the information immediately after the conclusion of the
and) contract in which a consumer loan is stipulated, on the
referred to in annex 6 to this Act,
(b)) of the Treaty, which is arranged in the form of consumer credit options
overdraft repayable on demand or within three months, on the
referred to in annex 7 to this Act, or
(c)) the agreement for the purpose of averting the proceedings on the claims of the creditor
postponed due to late payment or changing the way consumers
the loan, with the contractual arrangements are in their summary for
consumer at least as good as in the original contract, the
form set out in annex 7 to this Act.
(5) a creditor shall provide adequate explanations to the consumer, was able to
assess whether the proposed contract, which arranges for the consumer
the loan, corresponds to his needs and financial situation. An appropriate explanation
means the information provided by the particular explanation of pre-contractual
referred to in paragraph 1, including the consequences of default, and basic information about
each of the offered products and their impact on consumers.
(6) if the consumer credit offered or sjednáván
by the provider, the provider is obliged to provide to the consumer
information and adequate explanation as well, such as to be liable to the creditor.
This is without prejudice to the obligations of the creditor; If any of the requirements
the provider, it is considered that it has met and lender.
(7) an obligation to provide information and explanations under paragraph 6, the
does not apply to the seller or the service provider, acting as
bound consumer credit provider (§ 14). This is not a
without prejudice to the obligation to the creditor of such information and provide this explanation.
§ 6
(1) the Treaty, in which it is arranged for consumer credit, requires
in written form and shall contain the information set out in annex No. 3 to
This Act provided a clear, concise and clear way. Failure to comply with
This information obligations or written form does not result in
the nullity of the contract. If it is part of the contract determined by reference to the General
conditions, the creditor must attach to the Treaty only a part of the business
the conditions, which relates to the closing of the contract. The font size must not be used
be less than in the contract. A copy of the contract must receive a
the consumer in the paper or on another durable medium.
(2) the lender or broker is obliged to provide the consumer with the
request free of charge a copy of the draft Treaty, in which it is arranged
consumer credit. This does not apply if the creditor is willing to proceed
the conclusion of this Treaty at the time when the copy of the consumer proposal
so requests.
section 7 of the
(1) a lender shall, for the duration of a consumer credit info
consumers in the paper or on another durable medium, the data about each
change in loan interest rates, and in good time before the
its efficiency, otherwise it is not this change in relation to the consumer to be effective.
The information includes the amount of instalments after adjusting borrowing and interest rates
the frequency of these installments. In the case of overdraft options is the creditor
obliged to inform the consumer in the paper or on another durable
medium of any increase in borrowing interest rates or fees,
in good time before its performance, otherwise it is not this
change to the consumer to be effective.
(2) Contracting Parties may, however, agree that the change information
borrowing interest rate referred to in paragraph 1 is to be provided
consumers regularly and within a reasonable period, if the change in the borrowing
the interest rate depends on the change of the reference interest rates and new
the reference interest rate is published in an appropriate manner and information about
the new reference rate is also available at the premises of
the lender.
(3) a creditor shall for the duration of a consumer credit in the form of
provide the consumer overdraft options through the statement of
account regularly in an appropriate interval in documentary form or in any other
durable medium the information referred to in annex 4 to this Act, and
If applicable, paragraph 2.
(4) the lender is required to for the duration of a consumer credit closed
for an indefinite period different from the consumer credit referred to in
paragraph 3 to provide the consumer with a regular interval in the appropriate
the information referred to in annex 4 to this Act.
(5) if the contract is concluded, in which a consumer loan with fixed
fixed maturity, duration, includes arrangements for the amortisation of the principal,
the creditor shall provide the consumer, upon request, at any time during the term of this
the contract free of charge, a statement of account in the form of an amortization table.
§ 8
Consequences of breach information obligations
If the contract is concluded, in which consumer credit,
and does not have a written form)
(b)) does not contain the information set out in annex 3 to this Act, or
(c)) was not in at least one copy provided to the consumer in
paper or on another durable medium,
and the consumer of this fact for the creditor, the
consumer credit from the beginning for interest-bearing accounts in the amount of the discount rate
at the time of the conclusion of this Treaty published by the Czech National Bank and
the arrangement of other payments on consumer credit are invalid.
§ 9
The assessment of the ability of a consumer to repay a consumer loan
(1) a creditor before the conclusion of the contract, in which the consumer is
loan, or by changing the contract of a significant increase in the
the total amount of consumer credit, it is obliged to support care
assess the ability of a consumer to repay a consumer loan, and on the
the basis of sufficient information, obtained from the consumer and, if it is
necessary, consultation of databases enabling the assessment of the
the creditworthiness of the consumer. The creditor shall provide the consumer loan only
If after assessment of the creditworthiness of the consumer is with professional
care of obvious, that the consumer will be able to repay a consumer loan,
otherwise, the contract is, in that consumer credit is arranged, invalid.
(2) a person who is authorized to process data about consumers for
the purpose of the assessment of their creditworthiness and that it is entitled to
to provide access to such data to third parties will allow creditors to
registered office or place of business in another Member State of the European Union
access to such data under the same conditions as the creditors based
or place of business in the Czech Republic. This person shall publish the conditions
the creditors ' access to such data in a manner enabling remote access.
(3) the consumer shall provide, on request of the creditor complete, accurate and
true the information necessary for the assessment of the ability of consumers to repay
consumer credit.
(4) if the reason for the failure of consumer credit result
Search in the database to enable the assessment of the creditworthiness of the
the consumer, the creditor shall inform the consumer immediately and without charge of the
This result and shall communicate to him information on the database.
§ 10
The annual percentage rate of charge on the consumer credit
(1) the annual percentage rate of charge on consumer credit is equal
the present value of all cash performance of negotiated between the lender and
the consumer in the Treaty, in which a consumer loan is arranged, and
calculated on an annual basis in accordance with the formula set out in annex 5 to this
the law.
(2) for the purposes of the calculation of the annual percentage rate cost of consumer
the total cost of the loan shall apply credit to the consumer, with the exception
the costs payable by the consumer as a result of non-compliance with some of the
the obligations laid down in the Treaty, in which the consumer is
credit, and other costs than the purchase price which the consumer is obliged to
sale of goods or the provision of services to pay regardless of whether it is
transactions carried out with the use of consumer credit or without his
the use of. The costs of account management to monitor the payment transaction and
pumping, the cost of using the means of payment for the payment
transactions and drawdowns, and other costs associated with the payment transactions with
included in the total cost of the credit to the consumer, with the exception of the
in cases where the account is optional and costs on this account have been
separately listed in the contract, in which the consumer is
loan, or other agreement concluded with the consumer.
(3) the calculation of the annual percentage rate cost of consumer credit is
based on the assumption that consumer credit will take after the agreed
period of time and that the creditor and the consumer will fulfil their obligations duly and on time.
(4) if the contract is concluded, in which consumer credit,
allows you to change the interest rate or change the amount of the payment with the credit
related, which are included in the annual percentage rate cost of
consumer credit, but unquantifiable at the time of calculation, the
for the purposes of the calculation considers that the rate of interest and other payments remain
hardwired and will apply until the end of the effectiveness of this contract.
(5) if necessary, in the calculation of the annual percentage rate cost of
consumer credit apply additional conditions set out in annex No.
5 of this law.
§ 11
Withdrawal from the Treaty, which is arranged for consumer credit
(1) a consumer may from the contract, in which the consumer is
the loan, to withdraw without giving reasons within 14 days from the date of the conclusion of the
of this contract. In the case that this Treaty does not contain the information specified
in section 6 (1). 1, the deadline for the withdrawal end earlier than 14 days after the
When the creditor shall provide the consumer with the lack of information in paper form
or on another durable medium.
(2) of the Treaty, in which the consumer credit can be arranged to resign
referred to in paragraph 1, in writing and in accordance with the information provided in this
the Treaty on the right of withdrawal. The deadline for the withdrawal is considered
retained if the resignation is sent to the lender in a documentary form or
on another durable medium, the data no later than the last day of the period.
(3) if the withdrawal referred to in paragraph 1, the consumer is obliged to
the creditor, without undue delay, no later than 30 days from the date of dispatch of the
the withdrawal, to pay the principal. In this case, the consumer is obliged to
pay to the lender interest at the creditors be entitled
If not to withdraw from the contract, for the period from the date when the
consumer credit was drawn down until the date when the principal is repaid. In
the case of the withdrawal of the consumer from this Treaty does not have the lender the right to
require no additional consumer transactions, with the exception of refunds
non-refundable fees paid by the lender, the public authorities or
other persons entrusted with public administration.
(4) if the creditor or a third party on the basis of the contract between the third party
and the lender provides the ancillary service related to the Treaty, in
that is a consumer loan, the moment of withdrawal from this
the contract shall lapse and the contract for additional service. The creditor is obliged to no
undue delay, inform the third party about when to withdraw from
the Treaty has occurred.
(5) if the consumer Has the right to withdraw from the contract, in which the
arranged by consumer credit, under this Act, shall not apply to
the provisions on the right to withdraw from the contract on financial services
concluded at a distance ^ 4) or from contracts concluded away from the business
the spaces ^ 5).
§ 12
Notice of consumer credit
(1) the consumer shall be entitled to terminate a consumer loan
agreed for an indefinite period, with immediate effect, if not
agreed notice period. Notice of termination shall not be charged by the creditor.
Agreed notice period may not be longer than 1 month.
(2) the creditor is entitled to, if it is agreed in the contract, to terminate the
consumer loan agreed on for an indefinite period, and that written notice
in the paper or on another durable medium period of notice.
shall be not less than 2 months.
section 13
If it is agreed in the contract, in which the consumer is
the loan closed for an indefinite period, can the lender from the consumer
objective reasons to terminate permission to draw consumer credit. About
This fact and the reasons for it, the creditor must
inform consumers in advance; If this is not possible, then, without undue
delay after this fact. Information in paper form or on
another durable data medium. the provisions of the second sentence shall not apply in the case of
If the provision of such information to other legislation.
§ 14
The contract of consumer credit consumer
(1) the treaty bound the consumer credit means the contract, in
that is taken out consumer credit and that is dependent on the Treaty on the
the purchase of goods or services.
(2) it is considered that the contract, which is arranged for consumer credit,
It depends on the contract for the purchase of goods or services, if the contract is, in
that is a consumer loan, used exclusively for the financing of the
the purchase of specific goods or the provision of certain services and
and the seller or the service provider) is also a creditor,
(b) the creditor shall make use of the services of the seller) or a provider of services in the
connection with the conclusion or preparation of the Treaty, in which it is arranged
consumer loan, or
(c) the specific goods or services) are explicitly stated in the Treaty, in
that is a consumer loan.
(3) If the consumer has resigned from the contract to purchase goods or
the provision of services, where the price of goods or services is fully or partly
covered by the consumer credit, also bound by treaty
consumer credit. This is a consumer required to
the lender inform. The demise of the treaty bound the consumer credit
may not be associated with the application of any penalties by the lender
or of a third person. If the contract was for the sale of goods are concluded outside the
the usual business facilities to ^ 6) or when using the means of communication
at a distance of 7 ^ ^), and consumer goods back to the seller, the consumer is not
the obligation to return the funds provided by creditors before him
the seller will be refunded the purchase price.
(4) If the Court granted or by the seller to the consumer or
the service provider in writing as to the reason and the amount of a recognised right to
cash performance was not made by the seller or provider
the service voluntarily meet, guaranteeing the satisfaction of the creditor's rights.
§ 15
The early repayment of consumer credit
(1) the consumer shall be entitled to wholly or partly to consumer credit
pay at any time during the term of consumer credit. In such a
If the consumer has a right to a reduction of the total cost
consumer credit on the amount of interest and additional costs, which would be
the consumer is obliged to pay in the case, which would prevent premature
repayment of consumer credit.
(2) in the event of early repayment of consumer credit the creditor has
the right to reimbursement of the necessary and objectively justified costs, which
in direct connection with the early repayment.
(3) the amount of the refund of the costs must not exceed 1% of repaid early
of the total amount of consumer credit exceeds the time between the
the early repayment and the agreed end of the consumer credit one
year. If this period is not more than one year, not the amount of the reimbursement of costs
exceed 0.5% of the amount repaid early, part of the overall
consumer credit.
(4) a creditor may claim reimbursement of the costs for early repayment
and if the repayment has been made) within the framework of the implementation of the insurance contract
designed to ensure repayment of consumer credit,
(b)) in the case of overdraft, or
(c)) if the repayment has been made in the period for which it is not determined
a fixed interest rate.
(5) the refund of the costs must not exceed the amount of interest that you would
the consumer paid for the period from the early repayment until the end of
consumer credit.
section 16 of the
Exceeding the
(1) the Crossing means the actual making more money
resources than the remaining balance on a payment account or is contracted
the possibility of swapping.
(2) if in the contract on payment services consumer to
breaching this contract must contain information about the borrowing
the rate and conditions of the use of this rate, index or reference rate of interest
rate applicable to the initial borrowing rate, penalties, fees, and
interest on arrears for this crossing. The following information is the creditor
at the same time obliged to provide to the consumer periodically in a reasonable
interval in the paper or on another durable medium.
(3) If a significant overshoot, which takes longer than one
month, the creditor shall, without delay, the consumer in documentary form or in any other
durable medium, the data shall inform the
This overrun)
(b)),
(c) the interest rate and borrowing)
(d) the possible penalties, fees) or interest from the delay.
§ 17
Some of the provisions relating to providers
(1) the provider is obliged to in advertising and documentation intended for the
the consumer indicate the extent of its privileges, in particular, that
brokering activities exclusively for one or more of the creditors
or that this activity does not exercise for any lender.
(2) if the consumer Has to pay the provider of consumer credit
a reward for his services, the provider shall not require the payment of
the rewards before the consumer notify in documentary form or in any other
durable medium on the result of brokering activities, in particular on
representation of all creditors, that when the intermediary activities
He said.
(3) the provider is for purposes of calculating the annual percentage rate of costs
on consumer credit must give the creditor the amount of their remuneration, if
It is true the consumer.
§ 17a
The contract, which arranges the mediation of consumer credit
(1) the contract is concluded, in which the mediation of the consumer
the loan must be concluded between the provider and the consumer
in writing and must contain the information about the right of the consumer to withdraw
from this agreement pursuant to section 17b. If the reward provider to pay
the consumer must be a reward in this contract.
(2) a copy of the contracts referred to in paragraph 1 shall be transmitted to the
the consumer in the paper or on another durable medium.
(3) if the contract is concluded, in which the mediation
consumer credit, has been concluded in accordance with paragraph 1,
invalid.
section 17b
Withdrawal from the contract, in which the mediation is concluded
consumer credit
(1) a consumer may from the contract, in which the mediation is concluded
consumer credit, resign without mentioning the reasons and without any
sanctions within 14 days from the date of the conclusion of this contract, if in the meantime
not on the basis of the conclusion of the contract, in which it is arranged
consumer credit.
(2) from the contract, in which he arranged the mediation of the consumer
the loan, you can withdraw in accordance with paragraph 1, in writing and in accordance with the
the information referred to in this Treaty concerning the right of withdrawal. The time limit for
the withdrawal is considered to be retained when the resignation sent
provider no later than the last day of the period.
(3) withdrawal from the contract, the contract from the beginning.
(4) If a provider or a third party on the basis of the contract between the
a third person, and provides an additional service provider
related to the Treaty, in which the mediation is concluded
consumer credit, at the moment of withdrawal from this Agreement shall cease and
contract for additional service. The provider is obliged without undue
delay inform the third party about when to withdraw from the contract
has occurred.
(5) if the conclusion of the contract, in which the mediation is concluded
consumer credit, used solely by the means of communication at a distance,
the provisions of the Act relating to withdrawal from the Treaty on the
financial services concluded at a distance ^ 4).
section 18
The exclusion of the use of a bill or cheque
(1) the repayment or repayment of consumer credit cannot be
use the Bill of Exchange or cheque.
(2) the creditor and provider jointly and severally correspond
the consumer for damage caused by a breach of the obligations laid down in
paragraph 1.
(3) to comply with or to ensure compliance with the obligations arising from the
the Treaty, which arranges the mediation of consumer credit,
You cannot use a bill of Exchange or cheque. The provider is responsible to the consumer for
damage caused by the breach of the obligations laid down in the first sentence.
§ 18a
Ensure the consumer credit
Ensure consumer loan may not be in quite manifestly disproportionate to the
the value of the hedged receivables.
section 18b
Using a telephone number with a higher than normal price
When bidding, negotiation or mediation of consumer credit
through voice, text or phone communication
multimedia messages, you cannot use the phone number to access the
services with the expressed provisions governing the price according to the
business in the area of electronic communications ^ 11).
§ 19
Supervision of compliance with the law
Supervision of compliance with the obligations laid down in this law shall exercise
The Czech trade inspection ^ 8), with the exception of the supervision of the activities of the bodies,
which the supervision shall be exercised by the Czech National Bank ^ 9).
Administrative offences
section 20
(1) the lender or broker has committed misconduct by
and fails to comply with an obligation under section) 4,
(b) fails to fulfil any of the obligations) under section 6 (1). 1,
(c) fails to provide to the consumer upon request) free of charge, a copy of the draft contract
under section 6 (1). 2,
(d)) in contravention of section 18, paragraph. 1 apply the Bill of Exchange or cheque, or
e) contrary to section 18b uses the phone number for access to the services with
expressed as a price.
(2) the lender has committed misconduct by
and fails to comply with any of the) the obligations laid down in section 5 (3). 1, 2, or 4,
b) contrary to section 5 (3). 5 does not provide adequate explanations to the consumer
(c) fails to fulfil any of the obligations) under section 7 (2). 3 or 4,
(d) fails to comply with an obligation under section) 7 (2). 5,
(e) fails to fulfil any of the obligations) under section 9 (2). 1,
(f) fails to fulfil any of the obligations) under section 9 (2). 4,
(g)) in contravention of section 11 (1). 3 requires consumer obligations
(h)) in contravention of section 11 (1). 4 does not inform us without undue delay by a third
the person providing the ancillary service related to the Treaty, in which the
arranges for a consumer loan, about when to withdraw from the contract occurred,
I) contrary to section 12 paragraph. 1 zpoplatní notice of consumer credit
contracted for an indefinite period to have been brought by the consumer, or arrange with the
consumer notice period longer than 1 month,
j) contrary to section 12 paragraph. 2 arrange a notice period for the benefit of creditors
less than 2 months,
k) in contravention of section 13 does not inform consumers about their permissions
call consumer credit,
l) contrary to section 14, paragraph. 3 the penalties against the consumer, by reason of the
termination of the contract of consumer credit, consumer
m) in contravention of section 15(1). 1 will not allow the consumer to repay prematurely
consumer credit,
n) required to pay the costs for premature repayment of the excess amount of
under section 15, paragraph. 3,
about) in contravention of section 15(1). 4 requires reimbursement for early
repayment,
p) fails to comply with any of the requirements under section 16(1). 2,
r) fails to comply with an obligation under section 16. 3, or
with the) contrary to section 18a shall ensure that the consumer credit in the totally obvious
disproportionate to the value of the hedged receivables.
(3) the provider commits misconduct by
and fails to comply with any of the obligations) under section 5 (3). 6,
(b) fails to fulfil any of the obligations) under section 17(2). 1 or 2, or
(c)) in contravention of section 17a of the paragraph. 2 does not pass the paper to the consumer
or on another durable medium, in which the contract is concluded
mediation of consumer credit.
(4) the Legal or natural person-entrepreneur as a person who is
authorised to process data about consumers for the purpose of assessing the
their credit worthiness, committed misconduct by, contrary to section
9 (2). 2
and will not allow the creditors) with registered office or place of business in another Member
State of the European Union access to such data under the same conditions as the
creditors based or place of business in the Czech Republic, or
(b)) neuveřejní the conditions of access to these data in a way lenders
enabling remote access.
(5) for the administrative offence is imposed
to 20 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1, paragraph
2 (a). and), b), (e)), g), (l)) up with), or to paragraph 3,
(b)) to 10 0000 0000 CZK in the case of an administrative offence referred to in paragraph 2 (a). (c)),
(d)), f) or i) to)
(c)) to 1 500 0000 CZK in the case of an administrative offence referred to in paragraph 2 (a). (h))
or paragraph 4.
section 21
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the acreage of a fine account of the seriousness of the administrative
tort, in particular to the way a criminal offence and its consequences and to
the circumstances under which it was committed.
(3) liability of legal persons for the administrative offence shall cease, if the
the administrative authority about him has commenced proceedings in the 2 years of the date on which it
learned, but not later than 5 years from the day when it was committed.
(4) administrative offences under this Act shall be discussed by the administrative authority which
under section 19 shall exercise supervision.
(5) the income from the fines imposed on the Czech National Bank under this law
is the income of the State budget.
(6) pay the costs of the administrative proceedings conducted by the Czech National Bank
under this Act, the Czech National Bank selects. Income from compensation of the
the cost is the intake of the Czech National Bank. On the reimbursement of the costs of administrative
the proceedings conducted by the Czech National Bank for the purposes of their collection and
recovery seen as means of public budget. Pay the costs of
administrative proceedings conducted by the Czech National Bank recover the competent customs
the Office.
(7) The liability for the acts, which took place in the business of physical
person or in direct connection with the applicable provisions of the law on
the liability of legal persons and sanctions.
Common, transitional and final provisions
section 22
Common provisions
(1) On consumer credit in the form of overdraft due to options 1
the month shall apply only to section 5 (3). 1.
(2) On consumer credit in the form of overdraft options due to the
request, or within 3 months shall apply only to section 1 to 3, section 4, section 5 (3). 1,
3, 6 and 7, section 6, section 7 (2). 1 the first and third sentence. 2 and 3, section 8 and 9, §
14 and section 17 to 23.
(3) an agreement for the purpose of averting the proceedings on the claims of the creditor
postponed due to late payment or changing the way consumers
the loan, with the contractual arrangements are in their summary for
consumer at least as good as in the original contract, shall apply
only section 1 to 3, section 4, section 5 (3). 1, 3, 6 and 7, section 6, section 7 (2). 1, 2 and 5, §
8, § 9 (2). 1, 2 and 4, § 10, 12, 13 and 15 to 23.
(4) On consumer credit in the form of overrun shall apply only to section 1 to
3, § 16 and § 18 to 23.
(5) it is not to the contrary, it shall be deemed that the creditor of the obligation under section
5, 7 and 9.
section 23
Transitional provisions
(1) legal relations relating to the consumer credit incurred before the date of
the entry into force of this law shall be governed by the existing law.
(2) the provisions of section 7 (1). 1 to 3, § 12, 13 and 16. 2 the second sentence and article
16. 3 shall apply to legal relationships arising from the contract, in which the
is arranged for consumer credit, concluded for an indefinite period before the date of
the entry into force of this law.
section 24
Cancellation provisions
Law No. 321/2001 Coll., on certain conditions, negotiation
consumer credit and on the amendment of Act No. 64/1986 Coll., is hereby repealed.
PART THE SECOND
Amendment to the Trade Licensing Act
§ 25
In annex No. 2 TRADES TIED to the Act No 455/1991 Coll., on the
trades (Trade Act), as amended by Act No.
130/2008 Coll. and Act No. 189/2008 Coll., for business activities
accounting consultants, bookkeeping, tax record "
a new line of business "of the provision or mediation
consumer credit ", the text in column 2 of the required training
eligibility: ") secondary education with graduation test, or (b))
certificates of retraining or other evidence of qualifications for
the work issued by the accredited facilities
The Ministry of education, youth and sports, Ministry, or to
whose scope includes the sector in which the business is operated, or (c))
3 years of practice in the field ".
section 26
Transitional provisions
A businessman who at the date of entry into force of this Act, provide or
facilitate consumer credit under the trade reporting obligation, free
"The production, trade and services other than those listed in annexes 1 to 3 of the trade licensing
the law ", in this activity may continue for a period of 1 year from the date of acquisition
the effectiveness of this Act. If before the expiry of this period, entrepreneur
announces that he intends to continue in the pursuit of this activity, and evidence of
živnostenskému Office, evidence of professional competence
for business mediation "or tied to a consumer
the loan ", the Trade Licensing Office shall make the registration in the trade register and the
issue a business listing; This Act is not subject to an administrative fee. A waste of
the expiry of this period, the provision or mediation of permissions
consumer credit shall lapse.
PART THE THIRD
Amendment of the Act on the Czech commercial inspection
section 27 of the
In section 2 (2). 2 of Act No. 64/1986 Coll., on Czech commercial inspection, in
the text of the law No. 240/1992 Coll., Act No. 22/1997 Coll., Act No. 110/1997
Coll., Act No. 507/2001 Coll., Act No. 205/2002 Coll., Act No. 226/2003
Coll., Act No. 441/2003 Coll. and Act No. 229/2006 Coll., the letter h) including
footnote No. 1f:
"h) compliance with the obligations laid down by the law ^ 1f)
adjusting the arrangement of consumer credit, if it does not
The Czech National Bank.
1F) Law No. 145/2010 Coll., on consumer credit and change some
laws. ".
PART THE FOURTH
Amendment of the Act on the Czech National Bank
section 28
In § 44a of the law No 6/1993 Coll. on Česká národní banka, as amended by Act No.
160/2007 Coll., Act No. 36/2008 Coll. and Act No. 285/2009 Coll., in
paragraph 1, the words "and above" shall be replaced by the word "over" and the words "unfair
business practices ^ 9 k) "with the words" and observance of the obligations
for the negotiation of a consumer credit ^ 9 m) ".
Footnote No. 9 is added:
"9 m) Act No. 145/2010 Coll., on consumer credit and change some
laws. ".
PART THE FIFTH
The EFFECTIVENESS of the
section 29
This law shall enter into force on 1 January 2005. January 2011.
Vaidya in the r.
Klaus r.
Fischer v. r.
Annex 1
MANDATORY INFORMATION IN ADVERTISING
(1) Offer consumer credit or its brokerage advertising,
part of which is also an indication of the cost of any consumer credit
for the consumer, must clear, concise and clear manner in the form of
a representative example, contain
and the annual percentage rate of charge),
(b)) the borrowing rate, and this, together with particulars of any charges,
that are part of the total cost of consumer credit for
the consumer,
(c)), the total amount of consumer credit,
(d) the amount of each payment) the total amount payable by the consumer,
(e)) duration of the consumer credit,
(f)) in the case of consumer credit in the form of a deferred payment for
the specific goods or services and their price of the advances, if any,
(g) information on obligations) conclude a supplementary service
related to consumer credit insurance, in particular, if the
the conclusion of such a treaty as a precondition for obtaining a consumer credit for
the conditions offered and the cost of that service cannot be determined in advance.
(2) in the case of consumer credit in the form of overdraft options
payable on demand or within 3 months, the creditor shall provide the consumer, in the
advertising, only the information referred to in paragraph 1 (b). (b)), and (c)).
Annex 2
THE REQUIRED INFORMATION BEFORE THE CONCLUSION OF THE CONTRACT, IN WHICH IT IS ARRANGED
CONSUMER LOAN
(I).
Before the conclusion of the contract, in which he arranged for consumer credit must
be provided to the consumer, information about
and the type of consumer credit),
(b) the lender and, where appropriate,) the provider of consumer credit,
(c)), the total amount of consumer credit and the conditions of his drawing,
(d)) duration of the consumer credit,
(e) goods or services) and their price, which would have been paid without the use of
in the case of consumer credit, consumer credit in the form of
deferred payment for a good or service and linked credit agreements,
f) borrowing interest rate, the conditions governing the use of this rate and
Alternatively, any index or reference rate applicable
for the initial interest rate, as well as about the time, conditions and procedure for the
change in interest rates; applying for different circumstances, different interest
the rates indicate the above information on all interest rates,
(g) the total amount payable by the consumer) and the annual percentage rate of costs
on consumer credit, which must be explained through
a representative example, indicating all of the assumptions used
for its calculation, in which the creditor is obliged to take into account the requirements for the
consumer credit, which the consumer has communicated; If the contract,
in which a consumer loan is stipulated, the different ways of drawdown with a
different charges or borrowing rates and apply to the creditor
the presumption referred to in section II (b). (b)) of this annex, it shall indicate that other
drawing mechanisms applicable to this type of consumer credit
may lead to higher annual percentage rates, the cost to the consumer
the loan,
(h)) the amount, number and frequency of payments to be made, where appropriate, the consumer has the
about how to assign the payment to the individual from whom amounts with different
borrowing rates for the purposes of the repayment,
I) fees for maintaining one or several accounts recording
payment transactions and drawdowns, unless the opening of an account is optional,
the charges for using a means of payment for the payment transaction and
drawing and any other charges arising from the contract, in
that is a consumer loan, and on the conditions under which it can be
These fees change,
(j) the obligations of the consumer to pay) any costs associated with the notaries public
conclusion of the contract, in which he arranged for consumer credit,
any obligation to) enter into a contract for a supplemental service related
with the Treaty, in which a consumer loan is stipulated, in particular
insurance, if the conclusion of the contract for additional services required for
obtaining consumer credit or obtaining for the offered
conditions,
l) the interest rate applicable in the case of late payments, or
a contractual fine in case of default of the consumer and of any other
the consequences resulting from late payments of consumer,
m) required to ensure, where appropriate,
n) the right to withdraw from the contract, in which the consumer is
the loan,
about the right to early repayment) consumer credit, on any
the right of a creditor to compensation of the costs incurred and how their
determination,
p) consumer law on immediate and free notification of result
Search in the database to enable the assessment of the creditworthiness of the
the consumer, if the request for the provision of consumer credit
rejected on the basis of a search in the database and the data used
the database,
q) consumer law for the free receipt of a copy of the draft Treaty, in
that is a consumer loan,
r) time during which the creditor is bound by the information provided before the
conclusion of the contract, in which he arranged for consumer credit, or
the proposal on the conclusion of this agreement, and
with) the fact that the possible use of capital created by the payments
the consumer instead of repayment of consumer credit, will lead to a complete
repayment of consumer credit.
II.
(1) in the case of consumer credit in the form of overdraft options
payable on demand or within 3 months, the creditor shall provide the consumer
the information referred to in point (b) of part I. and (d))) up, f), (l)), p) and r), and
for information about the
and the conditions and procedure) to their consumer credit,
(b) the obligation of the consumer to pay) of the consumer credit at the request of
creditors in full, if such an obligation is required,
(c) other costs related) consumer credit from the time
the conclusion of the contract, in which a consumer loan is arranged, and
the conditions under which those costs may change.
(2) if it is taken as a result of the delay, the consumer agreement
in order to avert the proceedings on the claims of the lender deferring payment or amended
the method of repayment, and contractual arrangements are in their summary for
consumer at least as good as in the original contract, it shall provide
the creditor to the consumer the information referred to in paragraph 1, and further information about
and the annual percentage rate cost) referred to representative examples with
putting all of the assumptions used for the calculation of this rate,
(b)) of, the number and frequency of payments to be made, and the consumer
where appropriate, the method of assigning payments due amounts with
different borrowing rates for the purposes of repayment, and
(c)) the right of early repayment of consumer credit, on any
the right of a creditor to compensation of the costs incurred and how their
the determination.
(3) if the contract Stipulated, which arranges for consumer credit,
in the form of voice telephony communications, will provide the creditor to the consumer
at least the information referred to in point (b) of part I. c) to (h)). This does not apply in
the case of consumer credit in the form of overdraft payable options
on request, or within 3 months and the agreement for the purpose of averting
the management of the claims creditors postponed as a result of the delay, the consumer
payment or changing the way the repayment, with the contractual arrangements are in their
Summary for consumers at least as good as in the original contract.
(4) where the consumer via voice telephone communication on the
immediate disclosure options overdraft, the creditor shall give him
and) in the case of consumer credit in the form of overdraft options
payable on demand or within 3 months of information about
1. the obligation of the consumer to pay the loan in full on the
the request of the creditor, if such an obligation is required,
2. the total amount of consumer credit,
3. the borrowing rate, the conditions governing the use of this rate,
any index or reference rate applicable to the
the initial borrowing rate, the charges applicable from the time the
the conclusion of the credit agreement and, where appropriate, the conditions under which these
fees change;
4. the annual percentage rate of the costs referred to representative examples with
putting all of the assumptions used for the calculation of this rate;
(b)) in the case of the agreement with a view to averting the proceedings on claims
creditors postponed due to late payment or changing consumer
the method of repayment, and contractual arrangements are in their summary for
consumer at least as good as in the original contract, the information
According to subparagraph (a)), and information about the duration of the consumer credit;
(c)) in the case of consumer credit in the form of overdraft options
payable within 1 month of the information referred to in subparagraph (a)).
Annex 3
THE REQUIRED INFORMATION IN THE CONTRACT, IN WHICH HE ARRANGED FOR CONSUMER CREDIT
(1) the Treaty, in which it is arranged for consumer credit must always
contain
and the type of consumer credit),
(b) the contact details of the Contracting Parties), in particular a postal address for the
service, phone number, or address for service
electronic mail,
(c)) duration of consumer credit, the total amount of consumer
the loan and the conditions of its drawdown,
(d)) the designation of the goods or services and their price, which would have been paid without
the use of consumer credit, in the case of consumer credit in the
the form of a deferred payment for a good or service and the contracts of the bound
consumer credit,
(e)) the borrowing rate, the conditions governing the use of this rate and
where applicable, indication of any index or reference rate of interest
applicable to the initial borrowing rate, as well as about the time, terms and conditions
the procedure for changing interest rates. Applying in different circumstances
different interest rates, the above information shall be indicated on all
interest rates,
(f) the annual percentage rate of charge) on consumer credit, all
assumptions used for the calculation of this rate and the total amount payable
the consumer, expressed as a figure and calculated at the time of
the conclusion of the contract, in which he arranged for consumer credit,
g) amount, number and frequency of payments to the consumer, and, where appropriate,
How to assign the payment to the individual from whom amounts with different
interest rates for the purpose of the loan,
(h) the right to receive information) at any time, free of charge, a statement of account in the form of
amortization table is where the reimbursement of the principal consumer credit
with a fixed duration,
I) an inventory indicating the time limits and conditions for repayment of interest and any
the related recurring or one-time fees, the fees are to be
and interest paid without the redemption of principal,
(j)) any charges for maintaining one or several accounts recording
payment transactions and drawdowns, and the conditions under which those charges may be
change, unless the account is opened, charges for optional use
means of payment for both payment transactions and drawdowns, any other
the charges resulting from the contract, in which the consumer is
the loan,
the interest rate applicable to) in the case of late payment, valid in the
the time of conclusion of the contract, in which a consumer loan is arranged, and
the conditions for adjustment and any other implications resulting from the
the delay of the consumer,
l) cost of notary services or other similar costs,
m) requirement for any collateral or insurance,
n) information on the right to withdraw from the contract in which it is arranged
consumer credit, the period during which that right may be enforced, and
other conditions for the exercise of this right, including information about
the obligation of the consumer to pay the principal and the related interest pumped
under section 11 (2). 3, as well as on the amount of interest payable per day,
information on the rights of the) arising from § 14 paragraph. 3 and 4 and the conditions of
their application,
p) information on the right to early repayment of consumer credit,
any right of the creditor to compensation of the costs incurred and how
their determination,
q) information on the procedure in the event of termination of the contractual relationship,
r) information on out-of-court settlement of consumer disputes
through the financial arbiter,
with the indication of the competent supervisory authority), and
t) information on whether any use of capital created by the payments
the consumer instead of repayment of consumer credit, will lead to a complete
repayment of consumer credit.
(2) in the case of overdraft options, where consumer credit must be
repaid on demand or within three months, the agreement, in which the
arranged by consumer credit, include
and the information set out in paragraph). 1 (a). and (c))) and (e)),
(b) information on the right) to withdraw from the contract, the period during which the
This right may be exercised and other conditions governing the performance of the
rights,
c) warning that the consumer may at any time be called upon to repay the full
the amount of consumer credit, if this option from this contract,
(d) information on the fees applicable) from the time of the conclusion of this Treaty and the
on the conditions under which those charges may be changed.
(3) the agreement for the purpose of averting the proceedings on the claims of the creditor
postponed due to late payment or changing the way consumers
the loan, with the contractual arrangements are in their summary for
consumer at least as good as in the original contract, must
contain the information set out in paragraph 1 (b). and) to h), k) and p).
Annex 4
THE REQUIRED INFORMATION FOR THE DURATION OF A CONSUMER CREDIT IN THE FORM OF
OVERDRAFT OPTIONS
For the duration of a consumer credit in the form of overdraft options,
provides information about the consumer lender
and) the period for which the statement of account relates;
(b) the amount and the date of the drawing) of consumer credit,
(c) the balance of the previous statement) and his date,
(d)) the new balance
(e) the date and amount) of the payments made by the consumer,
(f) the interest rate used)
(g)) of all charges related to consumer credit,
paid in the period and
(h)), the minimum amount to be paid by the consumer.
Annex 5
THE CALCULATION OF THE ANNUAL PERCENTAGE RATE COST OF CONSUMER CREDIT
I. the basic equation, which establishes the annual percentage rate of charge
(APR) on an annual basis, corresponds to the total present value of drawdowns on the
the one hand and the total present value of repayments and payments of charges on the
the other side.
The annual percentage rate of charge shall be calculated according to the following formula:
m m'
the sum of Ck (1 + X)-tk D1 = sum (1 + X)-S1
k = 1 l = 1
where:
X is the APR,
m is the number of the last drawdown,
to the drawing number, so 1 = k = m <
