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The Law On The Restriction Of The Use Of The Index Option

Original Language Title: Laki indeksiehdon käytön rajoittamisesta

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Law limiting the use of the index

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Prohibited and permitted conditions

An indexation of prices, wages, wages, earnings or other costs arising from the evolution of the costs of the index or other comparable costs shall be prohibited, subject to the law.

However, under this law, a condition shall be maintained:

(1) the price or part of the commodity shall be determined by the commodity, the material used, or the price to be paid for the material used, in which the appropriate side does not have a significant influence;

(2) the remuneration for the exercise of the asset or the right to business is determined by the profit or turnover of the business activity;

(3) the price or other performance shall be adjusted as a consequence of the modification of the rate of VAT or any other tax or public contribution to the amount of the price or performance in the contract period;

(4) the amount of the interest rate is determined in relation to the other interest rate or in relation to the securities market; (445/1989) And the price of shares admitted to trading in a securities exchange or other public trading scheme which is equivalent to that in another Member State; Development;

5) the performance of the contract is linked to a foreign currency course.

ARTICLE 2
Derogations

This law shall not apply to:

1) a contract relating to a pension, maintenance, annuity or funeral assistance;

(2) an insurance contract, except for pension insurance, where contributions are paid for less than five years under the contract;

(3) a gas supply contract for electricity, district heating, long-cooling, steam, natural gas or natural gas; (112.2006/1059)

Paragraph 4 is repealed by the L 1.12.2006/1059 .

(5) oda implementation agreements;

(6) contracts for the sale of goods or services abroad, the acquisition of goods or services abroad, or international monetary or freight markets or which are otherwise of an international nature, even if: The Finnish law should otherwise be applied;

(7) securities markets (495/1989) in Chapter 1, Article 2 Of the law on securities, trade through standardised options and forward transactions (772/1988) in Chapter 1, Article 2 Or any other derivative contract for which the underlying is the underlying (922/2007) The target benefit referred to in paragraph 1 (2) or, in accordance with point 8, of the indexes; (26.10.2007)

(8) the lease of the dwelling place for a period of time or for a period of at least three years;

(9) a lease of a non-residential apartment for a period of up to three years or more;

(10) land rent (258/1966) Referred to in the lease agreement;

(11) other land tenancy agreements concluded for a fixed period of at least 10 years, and which the lessor cannot terminate before the end of the period before the expiry of the time limit laid down in a non-land lease, or on the grounds that: The lessee has not fulfilled the obligation to build the rental area provided for in the contract;

(12) Public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1370/2007 and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70. The service contract; (13.11.2009)

(13) a contract concluded for at least 10 years by which the State, the municipality or any other body governed by public law orders an overall road, railway, port or icebreaker treatment; (112.2006/1059)

(14) for a period of at least three years in respect of general road, street and other equivalent general areas or waterways and channels for treatment of care and treatment; (11.12.2009/1046)

15) for ferry service contracts concluded for at least three years; (11.12.2009/1046)

(16) by law on commercial carriage of goods (193/2006) , which shall be valid for an indefinite period or for a period of at least one year. (11.12.2009/1046)

ARTICLE 3
Allowing the indexation clause in works contracts

The Decree of the Council of State may authorise the inclusion of an indexation clause in a works contract following the entry into force of the Regulation, with a contract period of at least 12 months. The amount of the works price agreed in the concession contract shall not be reviewed in the manner prescribed by the Regulation in more detail.

The adjustment of the index to the rest of the price shall take account of a maximum of two thirds of the change in the index. The General Council Regulation lays down other conditions relating to the application of the index.

Paragraph 1 shall not apply to a contract for the construction of accommodation other than a contract for the construction of a contract on which the construction work has been approved (189/1993) , the Law on subsidised mortgage loans (187/1980) , the Law on the interest subsidy on mortgage loans (204/1993) , the Law on the subsidised housing loans (205/1993) , rental of mortgage loans and loans on housing loans (44/2001) , the Law on the interest rate subsidy on housing loans (205/1996) Or the Act on the guarantee loans of the State and local authorities in the area of housing and housing (2003) To be lent or subsidised. The working time of such work shall be shorter than the one provided for in paragraph 1. (5.12.2003/1037)

§ 4
Allowing an indexation clause in other cases

In cases other than those referred to in Article 3, the Government Decree may authorise the inclusion of an indexation clause after the entry into force of the Regulation for at least one year contracts which cannot be terminated Before.

The Ministry of Finance may, on application, authorise the inclusion of an indexation clause in an individual contract or in a number of contracts based on a standard contract, regardless of its duration, if there are reasonable grounds for it.

However, the decision referred to in paragraph 1, or the decision referred to in paragraph 2, shall not authorise the use of an indexation clause in the debt ratio based on the liability of the debtor or the liability resulting from the agreement.

§ 5
Penalties

The Index condition, which is contrary to this law or the provisions adopted pursuant to it, is void.

If the absence of a condition would lead to undue hardship, the condition may be partially or fully taken into account, or otherwise agreed in accordance with the law on property law (228/1929) § 36 Provides.

ARTICLE 6
More detailed provisions

More detailed provisions on the implementation of this law shall be adopted, where appropriate, by a decree of the Government.

§ 7
Validity

This Act shall enter into force on 1 January 2001 and shall be valid until the end of 2012. (11.12.2009/1046)

Agreements entered into before the entry into force of the law shall be governed by the provisions in force when the law enters into force.

THEY 162/2000 , VaVM 41/2000, EV 214/2000

Entry into force and application of amending acts:

29.6.2001/607

This Act shall enter into force on 1 January 2002.

THEY 181/2000 YmVM 3/2001, EV 55/2001

5.12.2003/1037:

This Act shall enter into force on 1 January 2004.

Agreements entered into before the entry into force of the law shall be governed by the provisions in force when the law enters into force.

THEY 109/2003 , VaVM 26/2003, EV 66/2003

1.12.2006/1059:

This Act shall enter into force on 1 January 2007.

Agreements entered into before the entry into force of the law shall be governed by the provisions in force when the law enters into force.

THEY 190/2006 , VaVM 26/2006, EV 162/2006

26 OCTOBER 2007/936:

This Act shall enter into force on 1 November 2007.

THEY 43/2007 , TaVM 4/2007, EV 39/2007, Directive 2004 /39/EC of the European Parliament and of the Council (32004L0039); OJ L 145, 30.4.2004, p. 1, Commission Directive 2006 /73/EC (32006L0073); OJ L 241, 2.9.2006, p. 26

13.11.2009:

This Act shall enter into force on 3 December 2009.

THEY 110/2009 , LiVM 18/2009, EV 146/2009

11.12.2009/1046:

This Act shall enter into force on 1 January 2010.

Agreements entered into before the entry into force of the law shall be governed by the provisions in force when the law enters into force.

THEY 201/2009 , VaVM 38/2009, EV 198/2009