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In accordance with the decision of the Parliament:
This law provides for a State guarantee to a credit institution, an insurance company, a pension institution and a municipality on loans for the repayment of the Aravalent to the State.
Loans may be authorised as guarantee loans within the limits of the authorisation laid down in the State budget.
For the purposes of this law:
(1) Aravalina A loan granted for the construction, acquisition or basic improvement of an apartment building, a housing court or a housing court or a housing court in 1953. (488/1953) , 1966 housing development, (247/1966) , law on the basic improvement of housing (34/1979) Or Aravalai (189/1993) Pursuant to
(2) At the lending site The size of one or more houses or dwellings, approved by the State Treasury, to which the oldest non-payment shall be subject;
(3) Guarantee loan A loan from which the State is liable under this Act;
(4) With a repayable aroath An Araval loan for one or more of the same loan items, for which the guarantee loan is used to repay the State;
(5) The lender A credit institution, an insurance company, a pension institution and a municipality that grants a guarantee loan;
(6) Borrower An entity corresponding to the repayment of the loan.
The Treasury decides to approve the loan as a guarantee loan. A loan granted to a borrower may be authorised as a guarantee loan if the Treasury considers that the borrower has sufficient capacity to repay the guarantee loan. When assessing adequate conditions, account shall be taken of the owner's ability to pay, professional skills and previous activities, location of the site and other relevant factors.
A loan shall not be accepted as a guarantee for the repayment of the Aravalmaterial to the State in respect of the (1190/1993) § 16 (5), Article 16a (3) (3) or Article 17 (2).
The borrower shall use the guarantee loan by paying the State to repay the full amount in one instalments.
The loan to be granted as a guarantee loan shall not exceed the amount of the remaining capital that is repayable. If, at the same time, more than one guarantee loan is repaid, the guarantee loan shall not exceed the sum of the aggregate reserve assets of the loans. The State guarantee covers the entire loan.
The loan terms of the loan to be eligible for the loan, the interest rate and the other costs associated with the loan by the lender shall be reasonable compared to the terms, the interest and the cost of the loans generally granted for similar purposes.
Only a loan in euro can be accepted as a guarantee loan.
The guarantee loan shall be subject to other loans approved by the State Treasury through better mortgage security or other security recognised by the State Treasury, unless the borrower is a municipality or an association of municipalities. With a view to reusing the collateral, the privileged privilege of the guarantee loans should be granted by the State Treasury.
The guaranteed target shall be considered sufficiently insured.
The borrower, through the lender, shall be charged a guarantee fee to the State during the withdrawal of the loan. The guarantee fee shall be 0,5 % of the capital of the guarantee loan granted.
The guarantee fee shall be paid to the State Treasury, which will enter the State Housing Fund.
The guarantee period shall not exceed the remaining maturity of the arrears, plus a further 10 years. For annual instalments of arrears for which the maturity of the loan is not fixed, the maturity of the loan shall be 40 years from the date on which it is drawn up or the first instalment.
If a guarantee loan is repaid with more than one guarantee loan, the amount of the guarantee period shall be determined by the amount of the money remaining in the remaining capital.
If, during the guarantee period under paragraph 1, the borrower pays off a guarantee loan by a new loan, the Treasury may also accept a new loan as a guarantee loan if it complies with the conditions set out in Article 5 . The guarantee period shall be maintained in accordance with paragraph 1.
If the guarantee loan is transferred to the new owner during the guarantee period, the guarantee shall remain valid only if the Treasury approves the new owner on the basis of Article 3 (1) and the new owner takes the guarantee loan as well as all the related rights under this law. The obligations of the borrower for liability.
The rental house or apartment which is granted for the construction, acquisition or renovation of which has been granted, shall also be kept in the guarantee period during the guarantee period after the expiry of the limitation period laid down in Article 3 of the Arbitrary Act.
The State shall be responsible to the lender for the final losses due to the insolvency of the debtor, in so far as the assets accruing from the guarantee of the guarantee loan are insufficient to cover the outstanding loans:
(1) abbreviations, interest rates and other payments due under Article 8 during the guarantee period; and
(2) for the er referred to in paragraph 1, not more than (633/1982) (1) for late payment interest, until the lender receives a direct payment.
State resources are paid by the State Treasury to the lender in accordance with Article 10, where the final loss of the borrower is after the liquidation of the debtor and any other guarantor, and after the sale of the underlying assets. Resolved. The sale of the guarantee shall not be required if the debtor receives the (187/1993) In accordance with the procedure laid down in Article 4 (1) of the Treaty.
If, after payment of the guarantee allowance, the lender is entitled to repayment from the borrower, interest or other charges, the lender shall be accountable to the State Treasury. The Treasury is flooding the funds into the State Housing Fund.
If the lender has not complied with the law, or a good bank and recovery plan for the granting of the guarantee loan or the guarantee loan or its collateral, the guarantor has an advantage, the State Treasury may decide that the guarantee compensation Partly fails to pay. In the event of gross negligence on the part of the lender, the guarantee fee may be waived entirely.
The State Treasury shall be entitled, subject to paragraph 2 or any other law, to recover the guarantee fee paid to the lender to the lender. Article 4 of the Corinth Act (1), with interest in the form of interest. The interest shall be calculated on the basis of the payment of the guarantee fee to the lender.
The State Treasury may, upon application by the borrower, decide that the guarantee fee paid to the lender shall be partially or wholly waived if the recovery is disproportionate, taking into account the other liabilities of the borrower or the realisation of the guarantee responsibilities. The reasons.
The State Treasury is required to pay a retroactive effect to the State Housing Fund, with interest.
The State Office shall ensure that the lender and the lender act in accordance with this law. The State Treasury and the lender shall both ensure that the loans are used for the repayment of the repayable funds.
The borrower shall notify the loan, its terms and conditions of any subsequent amendment, the repayment of the guarantee loan and the late payment of the loan, and its recovery operations to the State Treasury. , in accordance with the instructions.
Notwithstanding the obligation of professional secrecy, the borrower and the lender shall be obliged to provide the State Treasury with the information it deems necessary for the enforcement of this law.
The guarantee under this Act shall be subject to the condition that the lender shall ensure the guarantee loan and its collateral in accordance with this law and the sound banking and recovery method.
The lender shall be obliged to supervise the interests of the State if the assets secured by the guarantee loan are converted into cash in the event of a foreclosure or bankruptcy procedure. Any change to the Akordi or any other arrangement comparable to it, or the voluntary amount of the assets secured by the guarantee loan, in a manner which is at risk from the recovery of the loan, may be made only with the agreement of the State Treasury.
The State Treasury may impose a penalty payment on the borrower if the lender:
(1) has provided a guarantee loan to the State Treasury or the lender when applying for substantially false or misleading information or covering matters substantially affecting the acceptance of the guarantee loan;
(2) has provided incorrect or misleading information to the State Treasury or refused to provide information requested by the Treasury when carrying out checks pursuant to Article 13;
(3) has not complied with Article 3 (3), Article 6 (2) or Article 9; or
(4) has not complied with the provisions of Articles 4a to 4c or 7 to 9 of the Code of Arabation during the period of application in respect of the period of application of the reserve law in respect of the house or dwelling to which the repayable Aravalaina has been subject.
The penalty payment shall be 1 % of the amount of the guarantee loan granted under Article 4 of the guarantee loan, adjusted for the construction cost index. The fee shall be charged for each calendar month during which the recipient has acted in accordance with paragraph 1 or has not corrected any false or misleading information under paragraph 1 (1) or (2). The State Treasury may reduce the penalties if it would otherwise be rendered unreasonable.
The State Treasury shall provide for a penalty payment within two years from the date of receipt of the activity pursuant to paragraph 1, but no later than 20 years after the end of the incorrect operation. The penalty payment will be paid to the State Treasury, which will flood it with the State Housing Fund.
The State Treasury may impose a penalty payment on a new owner within the meaning of Article 8 (4) of the previous owner only if the new owner has known or should have known about the operation at the time of delivery.
The decision of the State Office may be required to corrigendum to the administrative law (2003) Provides.
The decision to amend the requirement of amendment may be appealed against by the administrative court, as in the case of administrative law (18/06/1996) Provides. However, in the case referred to in Article 3 (1) of this Act, the decision to make an adjustment shall not be subject to appeal.
The administrative right to a decision on the non-payment of the guarantee fee and the imposition of a penalty payment shall be subject to appeal as laid down in the administrative law. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.
L to 10/03/2015 Article 16 shall enter into force on 1 January 2016. The previous wording reads:
The decision of the State Treasury under this Act shall be allowed to apply in writing, within 14 days of the notification of the decision. The adjustment requirement shall be made to the State Treasury, which shall address the request for redress as a matter of urgency.
The decision of the State Office on the adjustment to the decision taken pursuant to Article 3 (1) thereof shall not be claimed by any appeal. A change to the decision of the State Office resulting from the request for redress is lodged in the same way as the administrative law (18/06/1996) Provides.
The decision of the administrative court concerning the imposition of a penalty payment or the non-payment of a guarantee fee shall be subject to appeal by appeal to the Supreme Administrative Court. Otherwise, the decision of the administrative court may be appealed against, if the Council of State grants a licence.
More detailed provisions on the procedures for the search, approval, monitoring and reporting of guarantee loans and the recovery of the penalty payment will be laid down, where appropriate, by a Council Regulation.
This Act shall enter into force on 1 January 2009.
Before the law enters into force, measures may be taken to implement the law.
THEY 136/2008 , YmVM 8/2008, EV 134/2008This Act shall enter into force on 1 January 2016.
In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 230/2014 , LaVM 26/2014, EV 319/2014
