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Facilitation Programme For Current Borrowers, Applicable To The Law 3869/2010 And Other Provisions

Original Language Title: Facilitation programme for current borrowers, amendments to the law 3869/2010 and other provisions

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PROGRAMME OF FACILITATOR DEVELOPMENT

FOR OTHER BORROWERS

Article 1 Scope

1. This law lays down the possibility of the persons holding, in accordance with the conditions laid down in the present, conditions (hereinafter referred to as 'the terms'), to be subject to a favourable treatment of their legal debts (hereinafter referred to as 'the terms'). (see section 4.4).

2. The facilitation programme is compulsory, provided that the conditions are met, and exclusively by legal persons governed by private law, which provide an angel-free loan from the scope of the present application, namely: Credit or financial institutions (hereinafter the lenders).

3. The provision of the facilitation programme shall only be granted to creditors' claims arising from debt-related contracts with an initial date of conclusion by 30.6.2010, even if they are subject to subsequent amendments, renewals or (i) the adjustment of the initial contracts and refers to the requirements of benefits which fall within the scope of the application, the foundations of which have not been professionalized.

Article 2 Conditions of supply

The facilitation programme

AH, Conditions for the provision of the Programme shall be cumulative:

1. The obligation to provide the lender for the assets referred to in Article 1 (3)

The principal residence of the debtor, declared as such in the last declaration of income tax.

2. The objective value of the main dwelling of the previous paragraph should not exceed one hundred and eighty thousand (180,000) euro and, in the case of home-borne families, of three and more children in accordance with the provisions of the Directive. Article 7 of the Law 2238/1994 (0151), not exceed 200 000 (EUR 200 000).

3. The dissociative value of the total immovable property of the obligor should not exceed two hundred and fifty thousand (250,000) euro and, in cases of domestic animals, charged with three and more children in accordance with its provisions. Article 7 of the Law 2238/1994, not more than three hundred thousand (EUR 300,000).

4. The total of deposits and securities of the obligor should not exceed 10 thousand (10,000) euro and fifteen thousand (15,000) euro for families with three and more children under the provisions of the article 7. NO 2238/1994

5. The total outstanding amount of capital received by the borrower by the lenders referred to in Article 1 (2) should not exceed 150 thousand (150,000) euro.

OTHER: They shall be subject to the provisions of this Regulation which fulfil the following conditions:

1. (a) unemployed persons, (b) persons dependent on private or public law, (c) pensioners, (d) presumed to have income from self-employed persons in accordance with the provisions of Article 1 (1). 2 of n. 4110/2013 (17).

2. Those who have a total annual family income, as shown following the removal of reservations in favour of insurance companies,

MEMBER OF THE GREEK EXCERPT

First, From the Official Record of Proceedings of Rising D΄, 10 June 2013, No Meetings of the Assembly of the House, in which

The following draft law was adopted:

Draft facility for borrowers, amendments to the n. 3869/2010 and other provisions

Income tax and solidarity levy less than or equal to: a. EUR 15 000, if they submit an individual tax;

Statement, b. EUR 25 000 if they are subject to a common tax;

(c) a declaration. The above amounts are increased by 5,000

(i) for families affected by taxation of three

And more children under the provisions of Article 7 of the Law. Regulation (EC) No 2238/1994, (ii) for persons with a disability of 67 % and more determined in accordance with the single table for the determination of an invalidity rate, as approved by the No. F11321/EN, 10219/688/4.5.2012 (Bl 1506) Joint Decision of the Ministers for Economic and Labour and Social Security, (iii) for those who are charged with a disability of 67 % or more as described above, shall be determined in accordance with its provisions. Article 7 of the Law NO 2238/1994

3. Those who at the time of the application have suffered a reduction in their income as described in the above paragraph, at least 20 % compared to the income obtained in 2009.

"C." In the case of conscripts, all participants shall be required at the time of the submission of the application to meet the conditions of the above-mentioned documents.

Article 3 Procedure-content of an application

1. In order to qualify for the facility, the debtor shall apply to the lender. The application must contain the full details of the debtor, as a request for the duration of the period, as well as a detailed and updated contact information. The application shall be signed by the debtor and shall be added to the credit institution by the debtor or by the person authorised by the debtor.

2. The application shall be submitted by the debtor full file with the required supporting documents, as determined by a decision of the Minister for Development, Competitiveness, Infrastructure, Transport and Networks. The debtor has an obligation to make a responsible declaration. (') Regulation (EEC) No 1599/1986 (2), replaced by par. 13 of Article 2 of the Law. In the case of the Court of First Chamber, the Court of First Chamber of the Court of First held that the Court of First Chamber of the Court of First held that the Court of First Chamber had failed to fulfil its obligations under Article 93 (2) of the Treaty.

Article 4 Processing of the application

1. The lender is working on the application within twenty-five (25) working days after submission and within the same deadline: (a) In the case of the following:

(i) the application of the provisions of Articles 1 and 2 of the present case, the lender shall be invited by all appropriate means, including electronic communication, to the creditor;

(b) In the case of the person concerned, a copy of the contract to the debtor, in order to conclude a contract within a period of one (1) one month from the date on which the contract is called for. B) In the case of

A request for documents does not show that the cumulative conditions laid down in Articles 1 and 2 of this Regulation are met by a formal omission, the lender calls on the debtor to recover within ten (10) working days with a supplementary application. Correction and addition of data. In this case, the lender is obliged to reply to the supplemental application within ten (10) working days and follow the case procedure.

2. In the event that the documents annexed to the application show that the cumulative conditions of Articles 1 and 2 of the present case are not met, the creditor shall reject the application and inform the debtor within one (1) month from the date of the application. To complete the application process, with each appropriate means.

Article 5 Contents of the contract for the provision of the facility

1. The facility is granted one-time and for a maximum of forty eight (48) months (grace period). The debtor whose application is accepted shall be granted the requested grace period after the signature of the contract.

2. During the grace period, a monthly instalment shall be set at 30 % of the monthly family income, deduction of deductions in favour of the non-insurance funds, the withholding tax and the solidarity levy. The difference between the above-mentioned monthly instalment and the payment before the facility is capitalised and repaid after the completion of the facilitation programme. Payments during the grace period shall be charged in accordance with Article 423 of the Civil Code.

3. Especially in cases where debtors have-crops as defined in Article 2 (B2) of the present:

(i) less than EUR 15 000 where a common tax return is submitted;

(ii) less than EUR 9,000, if an individual tax return is submitted;

(iii) less than EUR 20 000 where a common tax return is submitted by the persons identified in the cases referred to in point B (2) (c) of Article 2; and

(iv) less than EUR 13000, if a tax return is submitted by the persons identified in the cases referred to in paragraph B (2) (c) of Article 2, the monthly instalment of the previous paragraph shall be calculated with a maximum of Interest rate at the base rate of the European Central Bank for the main refinancing operations, now a margin of 0.75 %, unless a total interest rate is fixed at the last before the entry of the contract, which in this case Case is maintained. The excess interest rate difference, if any, between the above-mentioned interest rate and the applicable rate,

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(i) the interest rate prior to the granting of the marketing programme is not borne by the borrower for this period nor at the end of that period. For the rest, the difference between the fixed monthly instalment and the amount paid before the facility is granted, shall be capitalised and paid after the completion of the aid programme.

4. Specially for unemployed persons with zero income or non-income income, the allowance is additionally provided with full payment of interest for a total period of up to six (6) months with a period of grace period. Continued or non-clinical data may be provided. The full exemption period of six (6) months of full interest relief shall not be charged to the debtor either for this period or at the end of that period. The amount of capital not paid by the debtor during that period of six (6) months shall be capitalised and repaid after the completion of the facilitation programme. For the remainder of the period of grace except six (6) months, the prescribed in the preceding paragraph shall be applied.

5. If there is a substantial change in the income situation of the debtor, it shall be redefined as the facility without prolonging its maximum duration.

6. In the event of more than one bidder, the calculation of the amounts paid between the creditors shall be made in accordance with the general balance of the underlying debt.

Article 6 Suspension of complaints and individual proceedings

The lender is obliged to abstain from any infringement of the debt instrument referred to in the Loan Agreement and by any individual prosecution against the debtor, who has joined the facility, without prejudice to the provisions of Article 3 (2) B, 7 and 9 of the present. The lender is obliged to abstain from any individual case;

Prosecution against the guarantor.

Article 7 Duties of information

1. The debtor shall have the obligation to inform the lender in writing of any change of income and property within one (1) days from its occurrence.

2. The debtor during the period of grace shall re-submit the supporting documents referred to in Article 3 (2), provided that this is considered by the creditor, by year of delivery of the programme. The resubmission of these supporting documents in the case of the unemployed may be made at any frequency that the lender deems necessary and, however, not more frequently than once every two months.

Article 8 Reporting obligation

Lenders are required to submit monthly

The Bank of Greece details of the implementation of this programme.

Article 9 Termination and completion

The facilitation programme

1. The lender is entitled to terminate the facility: a. In the event of non-compliance by the debtor of the

Of the Article 5 contract. Other: In the event of a false or incomplete declaration of

Article 3, paragraph 2 (b). In the event of disclosure by the debtor

Within the meaning of Article 7 (1) of the present Regulation, within the meaning of Article 7 (1) of the present Regulation. Termination of a creditor constitutes a complaint lodged by

A scheme as a whole by occupying the debt in respect of the requirements of all creditors.

2. Deposit of an application against the provisions of the v. Regulation (EC) No 3869/2010 (' 130) shall dismantle the facilitation programme freely.

3. With the expiry of the period of time of the grace period, the programme of financing and the debtor, if otherwise agreed, shall take into account the obligations set out in the loan facility. A contract, the duration of which shall be increased at least equal to the grace period.

Article 10 Applicability bility

In the facilitation programme

1. The provision of the debtor in the programme for the purposes of this law may only be carried out as soon as possible.

2. The possibility to take part in the provisions of this Regulation shall be granted for six months from the publication of the decision referred to in Article 3 (2) of this Decision to the Governing Council of the Government. By decision of the Minister for Development, Competitiveness, Infrastructure, Transport and Networks, it may be possible to extend the strength of the programme, as well as to redefine the amounts set out in Articles 2 and 5 of the programme. 1.

CHAPTER B. AMENDMENTS OF N. 3869/2010 (1 130)

Article 11

1. The title of Article 2 of the Law 3869/2010 (1 130) is amended to 'Procedure for the pre-litigation procedure'.

2. The par. Article 2 of the Law 3869/2010 is replaced by:

' 1. The parties may before the application referred to in Article 4 (1) present in the process of mediation. In the event that this procedure is chosen and fails, the debtor may lodge an application under Article 4 of this paragraph before the competent Peacekeeper with a

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Article 4 of this content, as well as a copy of the practical failure of the mediation. Following the submission of an application by Article 4 to the competent court, the debtor is obliged to follow the procedure provided for in Article 5. Within the framework of the pre-litigation procedure, the debtor may request the advisory assistance of the Consumer Ombudsman, the Committee for the Development of Settlement referred to in Article 11 of the Law. No 2251/1994 (1 191) of the Consumers' Association in the Register provided for in the Annex. Article 10 of the EC Treaty 2251/1994 or the Messenger of Banking and Investment Firms."

3. Paragraphs 2 and 3 of Article 2 of the Law. They shall be repealed.

4. The first paragraph of par. Article 2 of Article 2 of the Law 3869/2010 is replaced by the following:

' The credit institutions shall be obliged within 10 working days following the submission of the debtor's request to release him without charge a detailed statement of his debts by capital, interest and expenses, as well as on-the-spot checks. Interest on which the debt is incurred, and to inform him in writing of the amount corresponding to 10 % of the last single instalment. '

5. Article 2 of the Law 3869/2010 a paragraph 5 is added as follows:

' 5. If a creditor is assigned to a third party, the transferee which has no domicile or domicile in Greece must designate a copy of the Greek Territory in accordance with Article 142 of the Code of Civil Procedure and notify it to the Hellenic Republic. Due to it. Until such time as the last transferor of the claim with a principal place of residence or seat in the Hellenic Territory shall be revoked. '

Article 12

1. The par. Article 4 of the Law 3869/2010 is replaced by:

' 2. The application of the preceding paragraph, to facilitate the preparation of a preliminary ruling and not as an element of admissibility, shall be accompanied by: Documents which have at its disposal relating to its property, its natural income, its creditors, and their claims and b. A solemn declaration on the correctness and completeness of the situations referred to in subparagraphs (a) and (b) of the preceding paragraph and for the changes in real estate rights to which it has made the last three years. The par. Article 22 of the EC Treaty Council Regulation (EEC) No 1599/1986, as amended by Article 2 (3) of the Treaty. Regulation (EC) No 2479/97 ('67) shall also apply to the declaration referred to in the preceding subparagraph. The documents under (a) and (b) may be submitted within five (5) working days of the application. '

2. The par. Article 4 of Law No 3869/2010 is replaced by the following:

' 3. The case for discussion of the application shall be annexed to six (6) months from the date on which the request is made. The lodging of the application shall specify the date of ratification, in which case the potential pre-trial conclusion may be confirmed by the

Or whether a request for a provisional order is to be discussed by the Magistrate. For the issuance of interim order and preventive measures, Article 781 of the Code of Civil Service is applicable. The validation day shall specify a mandatory two (2) months after the lodging of the application. Until the day of ratification, no action against the debtor may be taken against the debtor, as well as the change in the real and legal status of his property. From the day on which the application is lodged, the debtor is required to make the monthly submissions laid down in Article 5 (2) (c) of the present day. '

3. The par. Article 4 of Article 4 of the Law 3869/2010 is repealed.

Article 13

Article 5 of the Law 3869/2010 is replaced by the following:

' Article 5

1. The debtor must within fifteen (15) days of the deposit to grant the application to the creditor and guarantors. Within a period of service, the creditors must submit to the file their views on the plan to adjust the debts of the latter. Creditors may be informed of all the information provided in the preceding section. If the conditions for consent are met in accordance with Article 7 (2)-(4) of the present day, the pre-trial contract of the parties shall be taken. The day-to-day tribunal shall be authenticated by the Peace-Tribunal on the day of the hearing in accordance with Article 210 et seq. And 293 K. Pol.d., and bring about the withdrawal of the application.

2. If there is no such agreement and ratification, the Court of Justice shall decide on the day of ratification at the request of the debtor or creditor or, of its own motion, the suspension of the anti-fraud measures against the debtor, the maintenance of the event, and The Court of Justice of the European Court of Justice and the Court of First Instanceof the Court of Justice of the European Court of Justice and the Court of First Instanceof the Court of Justice of the European Court of Justice and the Court of First Instanceof the Court of Justice of the European Court of Justice Referred to in Article 9 (2), provided that there is a cause for exception to the rights of the Main residence. Monthly payments from the application of the application until such time as a final decision is taken, shall be taken into account in the time period referred to in Article 8 (2) or Article 9 (2), the amount of the last month or month. The Committee of the Regions calls on the Commission and the Member States to ensure that, in accordance with the provisions of the Treaty on European Union, the Council and the European Parliament, the Council of the European Union, the Council and the European Parliament, the Council and the European Parliament, the Economic and Financial Committee and the Committee of the Regions. A minimum amount of payment to the lenders shall be EUR 40 per month. Exports to the above limit exist if the applicant fulfils the conditions laid down in Article 8 (5) of the present case, a case in which a lower or zero dose is defined by the Court. In the event that the debtor is delaying due to the payment of the pacts designated by the Magistrate for a period of time,

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For more than three (3) months, Article 11 (2) of Law No 3869/2010 shall apply. The decision or decision shall be withdrawn or amended in accordance with Article 758 with the possibility of temporary regulation in accordance with Article 781 (2). 2 of the CAP. '

Article 14

1. A. The first and second subparagraphs of paragraph 1. Article 6 of the Law 3869/2010 is replaced by the following:

' After the hearing before the Magistrate on the day of ratification, the debtor or any other person who has a legal interest may apply to the competent court, which shall judge in the course of the insurance measures, the suspension of the Executive Board. Proceedings against the debtor. '

Other: The par. Article 6 of the Law 3869/2010 repeals.

2. Article 6 of n. 3869/2010 a paragraph 5 is added as follows:

' 5. Suspension of enforcement may be requested after the final decision has been adopted, in so far as an appeal has been lodged by the debtor. The suspension is granted if it is suspected that the execution will cause material damage to the applicant's contracts and that the application will be tested. The granting of the suspension shall be automatically induced by a prohibition on the disposal of the debtor's assets. '

Article 15

Article 7 of the Law 3869/2010 is replaced by the following:

" Article 7 Ability to settle the dispute

1. The debtors and creditors may enter and after the day of ratification until the date of discussion of the application at any stage of the procedure, in which case they shall appear before the Peaceholder, submit the draft and request the Validation of. The plan shall be ratified by the Magistrate and the Court of Justice of the European Union. The application for regulation and exemption from debts shall be revoked.

2. If they are to be included in the draft creditors with claims in excess of half or half of the total amount of claims, to which the total of creditors shall be included in a case-by-case basis with unsecured claims and creditors. Requirements in excess of one and a half of any labour requirements, the Magistrate substitutes at any stage of the procedure the lack of consent of the creditors who are abusive to the contract. In this case, it is assumed that the agreement has been reached and the application for exemption from debts is automatically recovered. The debtor is required to present to the creditors who do not consent to a copy of the approved project.

3. Substitution of the creditor shall not be substituted when: (a) the creditor's claim shall not be satisfied in a similar manner, in relation to others;

(b) in the event of the application of the scheme, the creditor who opposes proves that it will be in a more dynamic economic position than it would have been if the debtor's discharge procedure was continued; or (c) a claim by a debtor or any creditor shall be contested.

4. Creditors do not have a claim against the costs and expenses incurred by the procedure and the plan for settling debts. '

Article 16

1. After the second paragraph of paragraph 1. Article 8 of the Law The following subparagraph shall be added 3869/2010:

" In the event that a creditor is not included in the settlement plan of the debtor and has not been exercised by him main intervention, the court hereby arranges and the claims referred to in Article 744 of the Code of Law, or orders the subpoena. In accordance with paragraph 3 of Article 748 of the Code of Civil Procedure by setting a new case. '

2. The first subparagraph of paragraph 2. Article 8 (2) of the Law 3869/2010 is replaced by the following:

' If the debtor's assets are not in dispute, the court shall, taking into account all of his income, in particular those from his/her personal work, be able to make a contribution from the spouse, and to stop them with the biotics. (i) the needs of the same and the protected members of his/her family, obliges him to pay monthly and for a period of three to five years at the time of his/her judgment; a sum to satisfy the requirements of his creditors; Not available. '

Article 17

1. The second subparagraph of paragraph 1. Article 9 of the Law 3869/2010 is replaced by the following:

' In this case, the court regulates the creditworthiness of creditors in a total amount which may amount to 80 % of the object value of the property of the main dwelling. '

2. The seventh paragraph of par. Article 9 of the Law 3869/2010 is replaced by the following:

' This period may not, however, exceed 20 years, unless the duration of contracts under which credits were granted to the debtor was greater than twenty years, in which case the Magistrate is determined to determine longer duration, or Of which does not exceed thirty-five years. '

3. Article 9 of the Law 3869/2010 a paragraph 4 is added as follows:

' 4. In the event that the, during the para. Article 5 of the Law 3869/2010, payments made to creditors are below those set out in the court's decision in accordance with Articles 8 (2) or 9 (2), the debtor is required to repay the amount of the remaining difference. The resulting amount shall be repaid within one year from the end of the payments referred to in Article 8 (2) and Article 9 (2) with that of the Main refinancing operations.

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European Central Bank, increased by two and a half percentage points. '

Article 18

1. After the second paragraph of paragraph 1. Article 10 of the EC Treaty The following subparagraph shall be added 3869/2010:

' The same result, and under the same conditions, shall also apply if the debtor fails to do so or with a heavy duty to include creditors in the situation referred to in Article 4 (1) (1). '

2. The third paragraph of paragraph 2. Article 13 of the Law 3869/2010 is replaced by the following:

' The record shall be deleted one year after the application has been lodged with all the information held for them, provided that the applications are rejected, whether or not they are compatible with Articles 5 and 7 of the present Regulation. '

Article 19 Transitional provisions

1. The obligation to pay the monthly payments provided for in paragraph 1. Article 5 of the Law Regulation (EC) No 3869/2010 applies to applications for the publication of this law. In that case, the debtor shall freely choose the amount of payment within the framework laid down in Article 5 (1). 2 of n. NO 3869/2010. The actual payments from the publication of this law shall be taken into account in the payments referred to in Article 8 (2) or Article 9 (2) respectively.

2. The obligation to define a procedural requirement in accordance with Article 2 (2). 5 of n. 3869/2010 shall also take account of the claims of creditors that have taken place before the entry into force of this Regulation.

3. Applications for applications shall apply to the application before the entry into force of the present date.

Article 20

Deposits on deposits with credit institutions shall be ineligible up to the amount of EUR 1 500 and EUR 2 000 (EUR 2 000) in the case of a joint account. The preceding paragraph is exempt as a lender for which the provisions of Article 31 of Decree 356/1974 (Code of Conduct for Revenue, First 90) apply. With -

(i) the deposit of the depositor to one of the credit institutions shall determine the account for which it is to be found to be irrelevant. Deposits relating to persons or pensions or insurance benefits shall be determined as such and in excess of the amount referred to in the above subparagraph (a) shall be taken from the provisions of Article 982 of the Code of Civil Procedure. (e.g. 503/1985, A-182).

Article 21

Especially for the use which expired on 31.12.2012, the deadlines set out in Article 25 of Law 2190/1920 (A37), paragraph 3 of Article 10 of the Law. 3190/1955 (A ' 91) and Article 69 (2). 4072/2012 (1 86) to convene the General Assembly until 31.7.2013.

Article 22

1. The case (a) of par. Article 1 (2) of the Law 4065/2012 (1 77), replaced by the following:

' a. The Commission's audit shall be completed by 30 June 2014. '

2. At the end of par. Article 1 (2) of the Law The following subparagraph is added: 3213/2003 (A-309):

" Especially for the year's first application. The deadline for the preceding subparagraph shall be 4065/2012 until 30 September 2013. '

Article 3

Article 4 of the Law 4148/2013, paragraph 3 is added as follows:

' 3. The staff of the Greek Presidency, the Greek Presidency's Office and the Greek Delegation in Brussels, on the occasion of the end of the secondment until 31 October 2014, at the office of the Greek Presidency and the Greek Presidency. The property they had at the time of their secondment. Deposits become independent degrees and location and include the products of the organic units. By decision of the competent Minister, the issues of their replenish shall be settled in the course of their secondment. This provision shall be punitive and shall prevail against the contrary. '

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Article 24 Entry into force

The power of the present shall be initiated by its publication in the Governing Council of the Government.

Athens, 2013

THE PRESIDENT OF PARLIAMENT

NOBLE-KINGDOM COME. MAIMARACIS

THE SECRETARY-GENERAL OF THE SECRETARY-GENERAL OF THE GENERAL SECRETARIAT OF THE PARLIAMENTARY LABOUR

ATHANASIOS D. PAPAIOANNOU, IMMORTALITY. THEODOROPOULOS