Advanced Search

The Law Of The State And A State Guarantee Covering

Original Language Title: Laki valtion lainanannosta sekä valtiontakauksesta ja valtiontakuusta

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on State lending, State guarantee and State guarantees

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

CHAPTER 1

Scope of law

ARTICLE 1 (16.11.2001-06)
Scope

This law shall apply to the State loan to the State budget allocated to the State budget and to the State guarantee and State guarantee granted on the basis of the consent of the Parliament.

ARTICLE 2
Relationship with other legislation (16.11.2001-06)

The provisions of this law shall apply only if it is not otherwise provided for by any other law or regulation adopted pursuant to it.

In addition, in the case of a State loan, a State guarantee and a State guarantee, as well as the decision of the Authority, and its implementation in the case referred to in this Act, the State Aid Act (2002) Articles 14-18, 31 to 32 and 33 to 35 provide. (16.11.2001-06)

CHAPTER 2

State lending

ARTICLE 3
Loans conditions

The interest, maturity and other conditions of the loan from State resources shall be decided by the granting authority within the limits of the State's revenue and expenditure assessment. However, the loan conditions for the management of the loan will be decided by the lending authority.

The loan can only be granted for a period of time and repayment of the debt. A loan for a period of five years or less may be repayable in full at one time.

The minimum amount of the loan is laid down by the Regulation.

§ 4
Guarantee

The loan may, unless otherwise provided for by law or by the Parliament in the granting of the allowance, be granted only against a security guarantee. A loan is granted to the municipality and to the municipal association without requiring any guarantee.

The recipient of the loan is obliged to maintain sufficient collateral for the assets of the collateral.

§ 4a (16.11.2001-06)
Capital loan

A State loan may be granted under the (734/1978) in Chapter 5, Article 1 , as a capital loan, only if it is expressly authorised in the budget.

§ 5
Control

The issuing authority shall have the right to carry out or supply the economic and operational checks of the borrower. The loan beneficiary is obliged to present all necessary accounts and other documents and reports, as well as to assist in the inspection.

The borrower is obliged, at the time determined by the authority which granted the loan, to submit a report on the use of the loan assets.

The guarantor or the borrower shall, at the request of the loan authority, provide the competent authority with the necessary explanations for the value of the collateral.

ARTICLE 6
Maturity of the loan without notice

The loan authority may require the loan without being immediately paid:

(1) if interest or abbreviation is not paid at the latest on the maturity date;

(2) if the assets borrowed or secured are foreclosed for sale;

(3) if the borrower or guarantor is bankrupt or is applying for an allowance or, if the guarantor dies, and the borrower does not provide sufficient collateral.

§ 7
Determination of the loan

If the borrower has used the loan funds for the purpose other than which they have been granted, the borrower has provided, in the event of, or after, an essentially incorrect indication of the loan, or concealed the fact that the loan has been substantially influenced by the loan, The authority which granted the loan may order the loan to be repaid immediately or fully.

The authority which granted the loan may also repay the loan immediately if the borrower has not complied with the terms of the loan or if the conditions under which the loan has been granted have substantially changed. The loan may be repayable by the lending authority if the value of the loan was reduced so much that it no longer corresponds to the outstanding amount of the loan, or where the maintenance of the collateral has been defaulted.

At the same time, when a loan or a part of it has been repaid pursuant to paragraph 1, the maturity of the loan shall at the same time be made by the Regulation. The additional interest rate shall also be payable to the amount of the loan already repaid if the payment has been made after the borrower has been mistaken for the purposes of paragraph 1. The supplementary interest rate shall be calculated from the date of withdrawal of each loan from the date of the payment date or the prescribed date of repayment.

§ 8 (3.3.1995/310)
Interest rate on delay

In the event of a delay in the payment of the loan, the loan must pay the amount of late payment per year to the amount of the late payment; Article 4 of the Corinth Act The interest rate referred to in paragraph 3.

§ 9 (30.11.2001/1110)
Collection of minor loan claims

The Decree of the Council of State provides for a reduced rate of interest, interest on late payment or any other performance on the day following the maturity of the loan or, in the case of the last instalment, not to be collected separately.

ARTICLE 10
Payment deferment

For the purpose of sickness, unemployment or any other specific reason, the authority which manages the loan shall have the right to grant a deferral of the interest rate and the abbreviation of the loan for a period not exceeding one year, without any change in time. The interest rate to be paid to the outstanding loan is regulated by the Regulation.

ARTICLE 11
Forced sale of the underlying assets

In order to safeguard the interests of the State, the funds allocated in the statement of revenue and expenditure may be used to purchase the assets secured by the State, which is sold by means of forced or held auction.

The auction will only buy property for the State if it is compatible with the State's own use or the State can be better protected by the sale of property later by the State. The use of property bought by the State is decided by the Council of State.

ARTICLE 12 (16.11.2001-06)
Exemption and conversion of loans in the form of assistance

As regards the release of the loan and the grant of the loan, the consent of the Parliament shall be obtained, unless the Parliament has agreed that the State Council or the authority granting the loan may grant an exemption from the loan Repayment or reconversion of the loan. In order to change the loan, the State Aid Act shall otherwise apply.

ARTICLE 13
Measure payments

A fee or premium may be charged for the recovery of the loan, the drawing up of a debt book, the reform of the mortgage and the guarantee, the granting of an ex-post commitment and the issuing of certificates of other loan management. In accordance with the State contribution law (180/73) Is provided for.

CHAPTER 3

State guarantee

ARTICLE 14
State guarantee counter-guarantee

A counterguarantee shall be required for the State guarantee, unless otherwise decided by the Parliament.

The provisions of Article 4, Article 5 (3) and Article 11 also apply to the counter-guarantee given to the State guarantee.

§ 15
Guarantee fee

A guarantee fee shall be charged for the State guarantee granted on the basis of the consent of the representative. The amount of the guarantee shall be taken into account for the purpose of the guarantee to the State, the nature and extent of the activity and the nature and extent of the risk, the length of the risk period, the creditworthiness of the risk, the risk to the country of risk, The creditworthiness and other factors affecting the liability and the competition factors. A more precise determination of the guarantee fee may be laid down by a Council Regulation. (16.11.2001-06)

The State Council may, for specific reasons, decide not to impose a guarantee fee.

The guarantee fee shall be obtained without a judgment or decision in the order in which the levying of taxes and charges is imposed.

As regards the payment of the State guarantee and the guarantee premium, the guarantee and the guarantee fee for the guarantee are also applied. (16.11.2001-06)

Article 15a (16.11.2001-06)
Guarantee of guarantee and guarantee

The authority which issued the State guarantee or the State guarantee shall have the right to obtain, at the time of the Authority's establishment, the information and explanations necessary for the purpose of ensuring compliance with the terms of the guarantee or guarantee, the economic and operational guarantee Or the guarantee is provided and carries out checks on the economy and activities. In the case of a State guarantee, the authority shall also be entitled to obtain the above information and explanations from the creditor whose guarantee has been granted.

CHAPTER 4

Mandate and entry into force

ARTICLE 16
Mandate authorisation

More detailed provisions on the implementation of this law shall be adopted by the Regulation.

§ 17
Entry into force

This Act shall enter into force on 1 June 1988.

The law shall also apply from the date of its entry into force to credit claims previously generated. For these purposes, interest on late payment and the additional interest rate referred to in Article 7 shall be levied only on the date of entry into force and only within the limits permitted by the terms of the loan.

Regulation on State guarantees and charges imposed pursuant to Article 12f of the Act on the assessment of revenue and expenditure of the State (997/81) Shall remain in force until the Regulation adopted pursuant to Article 15 of this Act enters into force.

HE 93/87, the yyyy. 10/88, svk.M. 24/88

Entry into force and application of amending acts:

3.3.1995/310:

This Act shall enter into force on 1 May 1995.

The payment, which was delayed by the entry into force of this Act, shall be subject to the provisions in force at the time of entry into force of this Act. However, this law may be applied if it leads to a more leniency penalty than the previous law.

THEY 292/94 , TaVM 58/94

16.11.2001/986:

This Act shall enter into force on 19 November 2001. However, the provisions of Article 4a of the Act concerning the capital loan shall not apply until 1 January 2002. This law shall not apply to the State guarantee and the State guarantee granted before the entry into force of this Act.

THEY 196/2001 , VaVM 21/2001, EV 141/2001

30.11.2001/1110:

This Act shall enter into force on 1 January 2002.

Before the law enters into force, measures may be taken to implement the law.

THEY 162/2001 , VaVM 23/2001, EV 153/2001