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The Law Of Mortgage Associations

Original Language Title: Laki hypoteekkiyhdistyksistä

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Law on mortgage associations

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In accordance with the decision of the Parliament:

CHAPTER 1

General provisions

ARTICLE 1 (08/2014/2013)

The pharmaceutical association is a credit institution law (10/2014) Of a credit institution. Its specific purpose is primarily to grant long-term loans in the form of long-term loans, mainly against mortgage security or other security collateral.

ARTICLE 2

The Society of Hypotheists must have the word "hypothetical" association.

Only the Society of Pharmacists is entitled to use the names of the mortgage association in the name of the activity or otherwise.

Paragraph 3 has been repealed by L 27.6.2003/595 .

ARTICLE 3

The members of the Federation of the Tenants are its founders for a period of five years, including the borrowers.

The borrower, who has received loans from a mortgage association only from State resources, is not a member of the mortgage association.

A member of the Federation of Hypotheists is not responsible for the commitments of the Society for the Expanse, nor does he have the right to its property or to profit from it.

§ 4 (20.12.1991/1552)

Paragraph 4 has been repealed by L 20.12.1991/1552 .

CHAPTER 2

Establishment of the Federation of Hypotheists

§ 5 (30.12.1993/16)

Hypothecation may be established by at least 20 natural or legal persons.

At least half of the founders of the mortgage association must have their habitual residence or, if the founder is a legal person, domiciled in the European Economic Area, unless the fsa authorises an exemption from that requirement. The authorisation may be granted if it does not jeopardise the effective supervision of the Society of Pharmacists and the management of the mortgage association in accordance with prudent and healthy business principles. (27.6.2003/595)

Powerful or bankrupt cannot be a founder.

A written agreement shall be concluded.

ARTICLE 6 (27.6.2003/595)

Paragraph 6 has been repealed by L 27.6.2003/595 .

§ 7

The statutes of the account shall specify: (28.12.2001/1505)

(1) the name and address of the pharmaceutical association;

(2) the scope of the mortgage association;

(3) for what purposes and the type of collateral against which the mortgage association grants loans;

(4) to which amount of the value of the underlying assets, the Society may grant loans against this guarantee; (20.12.1991/1552)

(5) which amount of the mortgage association must have basic capital before it can become operational;

6) how the contribution and the administrative fee are determined and how they are to be charged;

(7) when the actual meeting of the mortgage association must be held and dealt with;

(8) when an extraordinary meeting of the mortgage association can be held and what matters may be discussed at such a meeting;

(9) the manner in which the meetings of the mortgage association are convened;

(9a) the functions and composition of the Management Board; (28.12.2001/1505)

10) how the members and alternates of the Governing Board and the Board of Directors are elected and their number and term of office;

(11) The quorum of the Board of Directors and the Government

Paragraph 12 is repealed by L 19.12.1997/1345 .

(13) the right of a member of the board and an alternate member to obtain credit from the mortgage association;

(14) the order for the processing of credit applications from which a member or an alternate member of the government of the mortgage association is expected to have an essential interest;

(15) the difference between the Board of Directors and the members of the Board of Directors and the alternates;

(15a) the right of a member of the Board of Directors and a member of the Board of Directors, a substitute member, a deputy director and a member of the Executive Director and a member of the Society for the Hypothesis to belong to the administration of another undertaking; (28.12.2001/1505)

(15b) in which order the division of tasks between the Executive Director and members of the Board of Directors and the right to represent a credit institution shall be established; (28.12.2001/1505)

16) how the administration of branches is organised and what is the retirement age of the branch supervisor;

(17) the number of auditors and their alternates;

(18) when the accounts are carried out and the audit is carried out;

(19) who are entitled to write the name of the mortgage association;

(20) whether and under what conditions the basic capital of the founders pays them or their beneficiaries; and

21) how the assets of the mortgage association should be used when it erupts or is abolished.

When the statutes of the association agreement stipulate that the founders or their beneficiaries may be repaid with the capital of their mortgage association, such repayment may only take place under the conditions referred to in Article 26 The capital has been repaid in full and the solvency of the mortgage association is not jeopardised by the repayment. (20.12.1991/1552)

§ 8

In order to change the statutes of the Federation of Hypotheists, a meeting of the Society is decided on a proposal from the Board of Directors. If the majority of the members of the meeting are in favour of the proposed amendment, it shall, as amended or unchanged, be definitively transferred to another meeting, not earlier than one month after the date of the amendment. If, at the last meeting, the proposal was adopted, at this meeting, at least two thirds of the members arriving will be supported, and shall be deemed to have been approved.

Paragraph 2 has been repealed by L 28.12.2001/1505 .

§ 9 (27.6.2003/595)

§ 9 has been repealed by L 27.6.2003/595 .

ARTICLE 10

The Tenants' Association is, before it becomes operational, to be notified as a significant trade repository. The declaration to be signed by all members of the Society of the Pharmaceutical Association shall state:

1) the date on which the statutes of the mortgage association have been established;

(2) the trade name of the pharmaceutical association;

(3) the domicile of the pharmaceutical association;

(4) the amount of basic capital;

(5) the manner in which the meetings of the mortgage association are convened;

(6) the full names of the Chairperson, the Vice-Chair and the members and alternate members of the Board of the Society of Pharmacists, and their place of residence; and

7) who are entitled to write the name of the mortgage association and their place of residence.

The notification shall include the Government's assurance that the basic capital of the mortgage association is fully paid-up and shall be accompanied by rules and a certified copy of the decision to confirm them.

Otherwise, where applicable, what is provided for in the register of trade registers.

ARTICLE 11

Prior to labelling, the Society for the Society of Hypotheists cannot acquire rights or enter into commitments or claim, carry or respond to the courts or other authorities. However, the Board of Directors may use the power of speech in matters relating to the establishment of a mortgage association and, if so, to take measures to obtain payment for the basic capital.

On behalf of the Society for the Dispute Association, prior to its subscription to the trade register, the persons involved in the operation were jointly and severally liable. However, the obligation arising from the agreement establishing an association for the creation of an association or after the signature of the association is transferred to the mortgage register.

CHAPTER 3

Administration of the Hypothecary Association

ARTICLE 12

The decision-making power of the members of the Association of Hypothetical Associations shall be exercised by the members present at the meeting of the Society of Pharmacists.

The rules may provide that a member wishing to exercise his right to vote shall not exceed a maximum of three days before informing the mortgage association.

ARTICLE 13

Each Member who does not have due payments without payment to the mortgage association shall have one vote.

A private member may only represent a member of his or her spouse or a member of the voting rights. The legal person may be represented by the legal representative or an authorised agent, even if he is not a member of the University of the Pharmacy. No one shall represent more than one member as an authorised agent.

When more people are responsible for the loan, they can only exercise their right to vote or authorise one of their number, or another member of the Society of Hypotheists to represent themselves. If the spouses are jointly responsible for the loan, one of them has no right to represent the other half.

ARTICLE 14

A member of the Board of Directors may not take part in the decision to draw up the annual accounts or grant discharge when it relates to the administration for which he is responsible, nor to the decision to make the auditor's decision.

§ 15

The actual meeting of the Association shall be held annually by the statutes. No decision shall be taken at the meeting on matters other than those which, in accordance with the law or by the rules, are to be dealt with by the government or by at least three Members in writing and which are referred to in the notice of the meeting.

The decision of the meeting shall, unless otherwise provided for in this Act or in the statutes of the Hypothetical Association, the opinion on which most votes have been cast. In the event of a tie, the election shall be settled on a daily basis, but in other cases it shall be won by the opinion of which the chairman of the meeting has joined.

ARTICLE 16

The actual meeting of the Association of Pharmacies is:

(1) fix the annual accounts for the previous financial year and decide on the use of the annual profit or on the measures to be taken by the consolidated financial statements;

(2) to grant discharge to the government and other accounting persons or to decide on the measures to be taken, unless discharge has been granted;

(3) order the remuneration of the members of the Board of Directors and the auditors;

(4) select members and alternates of the Management Board; and

5) select the accounts by the accounts of the Society for the audit of the accounts and management of the auditors. (10.7.98)

However, the election of members and alternate members of the Board of Supervisors may, in accordance with the rules laid down in the statutes, be submitted by a special election service to the members of the Provided.

§ 17

The Board of Directors and the Board of Directors shall be administered by the Association of Hypotheists.

At least half of the members of the government of the mortgage association and the Executive Director shall have his habitual residence in the European Economic Area, unless the Financial Inspection is authorised to derogate from this requirement. The authorisation may be granted if it does not jeopardise the effective supervision of the Society of Pharmacists and the management of the mortgage association in accordance with prudent and healthy business principles. (27.6.2003/595)

A member of the Board and an alternate member shall not belong to the Management Board.

ARTICLE 18

The Governing Board shall be composed of at least ten members. It is the responsibility of the Board of Supervisors to ensure that the mortgage association is handled with care and diligence in accordance with the law and the rules and in accordance with the decisions of the Society of the Prospects and the Board of Directors.

The Board of Governors shall in particular:

(1) select and release the members and alternates of the Board of Directors appointed to the Board of Directors;

(2) provide for the remuneration of members and alternates of the Board of Directors;

(3) select and release the ceo and other directors of the mortgage association and provide for their remuneration;

(4) decide on the establishment and abolition of a branch;

(5) lay down the general conditions to be respected in the lending activity;

(6) lay down the general terms and conditions to be respected; (20.12.1991/1552)

(7) The paragraph has been repealed by L 20.12.1991/1552 .

(8) supply the auditors, at least twice a year, with the inspection of the cashier, accounting, securities and commitments, loan and guarantee documents and liquidity management;

(9) Ensure the proper verification of the branches of the Society of Pharmacists; and

(10) lay down the criteria for the annual accounts of the mortgage association, in particular with a view to the correct and prudent assessment of the mortgage association's assets, and to certify the financial statements for the purpose of presentation to a meeting of the Society of Pharmacies.

§ 19

The Governing Board shall have at least five members elected by the Board of Directors. In addition, the Board of Directors and the Executive Director of the Federation of Pharmacies are members. (30.12.1993/16)

The Board of Directors is responsible for the management of the Society of the Hypotheists, according to the law and rules, as well as the decisions and instructions of the Board of Directors and the Board of Directors.

§ 20

The government of the Hypothecary Association is in charge and is in charge of the Society of the Hypotheists. The challenge shall be deemed to be given to a mortgage association when it has been served on a member of the Board of Directors or for the person who is entitled, alone or in combination with another, to write the business name of the Society.

§ 20a (30.12.2004)

The annual accounts of the account and the activity report shall be drawn up in accordance with (136/1997) And of the law on credit institutions and the provisions adopted pursuant to them and the provisions of the financial audit.

The Board of Directors and the Executive Director shall date and sign the financial statements and the annual report. Where a member of the Board or the Executive Director has expressed an opinion on the annual accounts or the activity report, that statement shall be included in his request.

The annual accounts and the annual report shall be submitted to the auditors no later than one month before the meeting of the masters, in which the profit and loss account and balance sheet shall be presented for endorsement.

CHAPTER 4

Hypothecary Association's business

ARTICLE 21

The Society of Hypotheists is entitled to conduct its business activities within the limits laid down by law in this and elsewhere.

Paragraph 2 has been repealed by L 19.12.1997/1345 .

ARTICLES 22 TO 23

Articles 22 to 23 have been repealed by L 20.12.1991/1552 .

§ 24

The Federation of Hypotheists shall use the loans it has acquired primarily for the provision of loans to its members and to the members who register as members. (20.12.1991/1552)

Paragraph 1 shall not apply to the granting of loans from State resources.

Paragraph 3 has been repealed by L 20.12.1991/1552 .

ARTICLE 25

Upon receipt of the loan, the borrower shall be obliged to pay the mortgage association a subscription fee.

The borrower may also be required when it is considered necessary, to cover the administrative and other costs of the mortgage association, an annual management fee.

Paragraphs 1 and 2 shall not apply to the borrower referred to in Article 3 (2).

The total amount of pre-accession payments by borrowers must be transferred to the reserve fund.

§ 26

The Hypothesis Association may, by a decision of a meeting of the Society for the Prospectus Association, be able to provide additional capital from outside resources, provided that such an association is necessary to continue or develop the activities of the mortgage association.

Additional capital can only be repaid in such a way that the basic capital of the mortgage association is not deducted and that no more than half of the previous year's profits are repaid. In addition, the repayment of additional capital is subject to the limits laid down in Article 8 of Chapter 11 of the Act on the operation of credit institutions. (08/2014/2013)

Paragraph 3 has been repealed by L 20.12.1991/1552 .

CHAPTER 5

Suspension, liquidation and cessation of activities of the association (20.12.1991/1552)

§ 27 (20.12.1991/1552)

The liquidation and bankruptcy of the Hypothecary Association shall apply mutatis mutandis to the savings bank law (1502/2001) Provides. (28.12.2001/1505)

In the event that the liquidation of the Society in liquidation has not been terminated and the property of the mortgage association has not been declared bankrupt, the account of the mortgage association's debts has been paid or necessary for the payment of the The assets have been separated and the other commitments have been fulfilled, the founders or their beneficiaries repay the capital they invested in the mortgage association where, according to the rules, repayment is possible.

If the assets are left after that, the surplus shall be used for the purpose of determining the statutes of the Society. If necessary, the use of the surplus will be decided by the Financial Supervisory Authority. (27.6.2003/595)

The procedure provided for in paragraphs 2 and 3 shall also be followed in the event of the bankruptcy of the mortgage association and the remaining assets after the bankruptcy proceedings.

ARTICLE 28

The decision to merge two or more mortgage associations or to divide the mortgage association into more than one mortgage association must be made in the same order as the amendment of the rules. The same applies to the decision to close the activities of the mortgage association, except when the assets of the mortgage association have, in the light of the losses, diminished to the extent that at least half of the capital of the mortgage association is deemed to have been lost; and The mortgage association's equity capital meets the prudential requirements set, or when it becomes apparent that the Society of the Society cannot fulfil its commitments. (10,1988/50)

In each individual case, the financial audit shall provide for more detailed provisions on how to proceed with the merging of the mortgage associations or the mortgage association for the purposes of the distribution of the hypothetical independent mortgage association. (27.6.2003/595)

As a consequence of the loss or payment difficulties referred to in paragraph 1, the account of the association of the Hypotheists shall be used for the purposes of the rules laid down in the statutes, in accordance with the rules laid down in the statutes of the The provision in Article 3 (3). However, the founders or their beneficiaries may, if there is a provision in the statutes, pay back the capital they invested in the mortgage association.

§ 28a (13/07/1998)

If the mortgage association owns all the shares in the company, the government of the mortgage association and the government of a limited liability company may agree to the merger of a limited liability company. The merger shall apply mutatis mutandis, as provided for in Article 81 of the Savings Bank Act.

CHAPTER 6

Outstanding provisions

§ 29

This law shall also apply to the entry into force of the Law of 24 April 1925 on the (130/50) And of the Law of 8 January 1927 of the Housing Hypothetical Association of Finland (1) , while respecting the transitional provisions of the Finnish Housing Hypothetical Bank.

The Finnish Accommodation Association and the Finnish Housing hypothetical Bank shall enter into force after the entry into force of the law, unless the Ministry of Finance admits an application for a longer period of time,

Within two years to apply for confirmation of the changes to the rules which are required by law;

Within five years, the relationship between the mortgage association's equity and commitments as set out in Article 45 of the mortgage bank Act;

Within a period of 10 years, shall organise its investment in non-lending operations in accordance with Article 22 and Article 21 (2) of the mortgage bank Act.

The five-year period provided for in Article 23 (2) shall be read into the entry into force of the law.

Within two years from the date of entry into force of the law, the Bank of Finland shall return to the State Treasury bonds equivalent to that of the Bank.

If, within two years of the entry into force of the law, one of the hypothecaries referred to in paragraph 1 takes effect from the entry into force of the law in accordance with Article 28, a decision shall be taken in accordance with Article 28. It is not necessary to take action to change its rules.

Within six months from the date on which the changes in the rules referred to in paragraph 2 have been established, the Finnish Hypothesis Association and the Finnish Housing Hypothesis Bank shall, in accordance with the provisions of Article 10, indicate a significant trade register.

ARTICLE 30

This Act shall enter into force on 1 January 1979.

This Act repeals the Law of 24 April 1925 on the mortgage associations (130/50) , 8 January 1927 Law on housing mortgage associations (1) , on 17 March 1933 on the suspension of the activities of the Society of Pharmacists and the Housing Hypothetical Association, and the law on their performance and bankruptcy (1021) And, on 9 March 1945, a law on derogations from the financial institutions operating in the field of credit operations with certain State resources. (228/45) With their subsequent modifications.

Entry into force and application of amending acts:

22.1.1988/50:

This Act shall enter into force on 1 February 1988.

HE 17/87, banker miet. 3/87, svk.M. 154/87

20.12.1991/1552:

This Act shall enter into force on 1 January 1992.

HE 69/91, please. 18/91

ON 30.12.1993/16:

This Act shall enter into force at the time laid down by the Regulation. (L 1613/1993, entered into force on 1 January 1994 under A 1617/1993.)

THEY 295/92 , TaVM 50/93, Annex IX to the EEA Agreement: Council Directives 73 /233/EEC, 77 /780/EEC, 86 /524/EEC, 89 /646/EEC, 89 /299/EEC, 89 /647/EEC, 91 /31/EEC, 83 /350/EEC, 86 /635/EEC, 89 /117/EEC and 91 /308/EC

13.6.1997/582:

This Act shall enter into force on 1 September 1997.

THEY 41/1997 , TaVM 8/1997, EV 58/1997

19 DECEMBER 1997/1345:

THEY 208/1997 , TaVM 34/1997, EV 215/1997

10.7.1998/528:

This Act shall enter into force on 1 September 1998.

THEY 56/1998 , TaVM 11/1998, EV 56/1998

28.12.2001/15:

This Act shall enter into force on 1 January 2002.

THEY 180/2001 , TaVM 20/2001, EV 203/2001

27.6.2003/59:

This Act shall enter into force on 1 July 2003.

THEY 175/2002 , N ° 27/2002, EV 277/2002

ON 30 DECEMBER 2004,

This Act shall enter into force on 31 December 2004.

THEY 126/2004 , No 29/2004, EV 228/2004

9. 2007/129:

This Act shall enter into force on 15 February 2007.

THEY 21/2006 , TaVM 25/2006 EV 252/2006

8.8.2014/621:

This Act shall enter into force on 15 August 2014.

THEY 39/2014 , TaVM 6/2014, EV 62/2014, Directive 2013 /36/EU of the European Parliament and of the Council (32013L0036; OJ L 176, 27.6.2013, p. 338-436 Regulation (EU) No 575/2013 of the European Parliament and of the Council (32013R0575); OJ L 176, 27.6.2013, p. 1-337