Key Benefits:
Law of 4 July 1990, laying down rules relating to consumer credit
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to lay down new rules on consumer credit, including the replacement of the provisions of the Consumer Credit Act ( Stb. 1972, 399) and the Law on the Payment System 1961 ( Stb. 1976, 515) and, in connection with that, the Package size ( Stb. 1973, 438) and, furthermore, that the Directive (EEC) 87/102 of the Council of the European Communities, of 22 December 1986, on the harmonization of the laws, regulations and administrative provisions of the Member States relating to consumer credit ( PbEG (l 42), necessarates the adoption of a number of legal provisions relating to consumer credit;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Credit transaction: each agreement and any combination of agreements with the object of which:
1. by or because of the first party (the creditor) to be made available to the second party (the borrower) and to make one or more payments to the second party to the first party,
2. by or because of the first party (the creditor) to the second party (the borrower) the enjoyment of a movable case is provided or a service designated by general measure of directors is granted and the second party to the first party party one or more payments, or
3. by or because of the first party (the creditor) to the second party (the borrower), or to a third party (the supplier) to be made available to a third party (the supplier) in respect of the provision of the enjoyment of a the provision of a service designated by a general measure of management to the second party, and the second party to the first party, or to the third party, to make one or more payments;
b. grant credit: participating in a credit transaction as a creditor;
c. credit intermediation: any business or professional conduct and interference aimed at establishing a credit transaction, from a person (credit intermediary) who is not a party to that transaction;
ed. money-credit: a credit transaction as intended A , 1 °;
e. goods credit: a credit transaction as intended A , 2 ° or 3 °;
f. Ongoing money credit: a money credit, whereby the borrower may include cash sums at different times at the lender, to the extent that the outstanding balance does not exceed a certain amount (the credit limit);
g. Current commodity credit: a goods credit, whereby the creditor or the supplier has the right to ensure that the borrower is granted business or services at different times, provided that the outstanding balance has been determined amount (the credit limit) does not exceed;
h. outstanding balance of money credit: the sum of the sums of money entered into and including that date by the borrower at any time, plus the amount of the credit to be charged to that date and reduced by the amount of the credit to be charged to that date and the amount of the credit to that date. payments made;
i. outstanding balance of goods credit: the total of the cash prices of the non-member services at any point in time, which the borrower has received up to and including the date of receipt of the loan, or of which the borrower has been granted the benefit, plus the total amount of the credit fee charged to the borrower in that context up to that date and less the total amount of payments made by the borrower in that context up to that date;
j. Credit allowance: all rewards and fees, in any form which the creditor or the supplier of a credit transaction taints, accounts for, or accepts, in the case of goods credit minus the total of the cash prices of the business (i) other services, where the borrower is granted the benefit of the benefit to the borrower.
k. effective rate of credit ratio on an annual basis: the credit allowance to be charged to the borrower on settlement of a credit transaction in accordance with the payment scheme, expressed as a percentage on an annual basis of the outstanding balance;
l. credit in cash credit: the amount of money to be made available to the borrower in the context of a cash credit, on the understanding that in the case of ongoing money credit, the credit limit is to be regarded as the amount of the credit;
m. credit in the case of goods credit: the difference between the total of the contour prices of the goods or services covered by the loan, the credit being granted to the borrower and the cash provided to the borrower, and the cash provided by the borrower in that context payments, on the understanding that in the case of ongoing goods credit the credit limit is to be regarded as that difference;
n. Municipal Credit Bank: a credit institution set up by one or more municipalities;
o. Our Minister: Our Minister of Finance.
1 Without prejudice to the provisions of Title 2A of Book 7 of the Civil Code The following provisions shall apply to the credit agreements provided for therein.
2 Without prejudice to the provisions of Title 2A of Book 7 of the Civil Code by way of derogation from the first paragraph, funds shall apply to credit operations in which the obligor's payments take place within three months of the receipt of the money, subject to the provision of the benefit of the case whether the provision of the service has been started, only the Articles 34 to 36 .
3 By way of derogation from the first paragraph, the following provisions shall not apply to the securities credit agreement referred to in Article 57 (1) (o) of Book 7 of the Civil Code .
1 This law shall not apply to credit operations, where the credit sum exceeds € 40 000.
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The Articles 33 (d) , and 40 appropriations not subject to the granting of credit by a municipal credit bank:
a. Participating as a borrower:
1 °. spouses or registered partners as intended Article 3 of the Act of Participation , whose common net monthly income is not higher than the standard mentioned in Article 21 (b) of that Act ;
2 °. a single parent as intended in Article 4 (b) of the Act of Participation , whose net monthly income does not exceed 90% of the standard referred to below 1 °;
3 °. a single person referred to in Article 4 (a) of the Act of Participation , whose net monthly income does not exceed 70 per cent of the standard referred to below 1 °;
or
b. In the context of a settlement with regard to the existing indebtedness of a borrower (reorganisation credit).
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1 A borrower may not have a power of attorney to sign an agreement as referred to in Article 61 (1) of Book 7 of the Civil Code , to grant to a creditor, a supplier, a credit intermediary, or a person, who is employed by one of them.
2 Where a liability is imposed on the borrower or deprived of a right in the event that he/she appeals to the invalidate of the power of attorney, are null and void.
3 The borrower cannot have an irrevocable power of attorney to sign an agreement as referred to in Article 61 (1) of Book 7 of the Civil Code -To grant it. Clauses imposing an obligation on the borrower or deprive the borrower of a right in cases where he reconvenes a proxy for signature are null and void.
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Void is an agreement as intended in Article 61 (1) of Book 7 of the Civil Code , in so far as:
(a) the creditor or supplier is granted the power, other than in the manner of an increase in the credit allowance admitted under the terms of the Article 35 , unilaterally increase the credit allowance or otherwise make up the obligations of the borrower;
b. The obligor is committed to entering into another contract, other than in the case of:
1 °. expressly confers on the borrower the right to determine with which counterparty that agreement will be entered into, or
2 °. The contract requires the holding of a payment account with the creditor, by means of which payments arising from the credit transaction are to take place;
(c) the payment of early repayments of the obligor's due, other than in the case of:
1. the borrower, who is due for payment of an expired instalment for a period of at least two months, after being defaulted in the performance of its obligations,
2 °. the borrower has left the Netherlands with the residence, or it can reasonably be assumed that the borrower will leave the Netherlands within a few months of the event,
3. the borrower has died and the creditor has reasonable grounds to believe that his obligations under the Agreement will not be fulfilled,
4 °. the borrower is in a position of bankruptcy or the debt restructuring scheme has been declared to be applicable to the borrower,
5 °. the borrower has embezzled the collateral associated with it; or
6. the borrower to the creditor, for the purpose of entering into the contract, knowingly disclosed false information that the creditor would not have entered into the contract under the same conditions if the contract was he would have known the correct state of affairs;
d. the borrower any right to employment, salary, pension, other income from labor or benefit under a Social Insurance Act, or subsistence, payable pursuant to Book 1 of the Civil Code, on the matter of a the credit transaction transfers, disposes or disposes in any way, or to recovery of that transaction, confers an irrevocable proxy, in whatever form or under any name,
Derogation from the provisions of the provisions of the Articles 34 to 46 , with the exception of a derogation provided for in Article 42, fifth paragraph .
The creditor and the supplier shall be prohibited from bedding, taking into account or accepting any other form of credit fee, other than:
a. A fee payable on settlement in accordance with the payment settlement of the transaction;
(b) a charge payable in the event that the borrower remains negligent in its obligation to pay following the transaction, in the event of a change in the credit;
(c) a fee to be paid if the borrower is to be paid early.
1 By or under a general measure of management, in order to counteract the acceptance by creditors of excessive risks, the maximum credit allowance is fixed and rules are laid down concerning the timing of the transfer of the credit, credit fee will be charged.
2 The maximum amount of credit allowance admitted shall be expressed in terms of a sum of money, a percentage or in any other form. It may differ according to the amount of the credit, the maturity of the transaction, also due to the instalments of redemption, the form of the credit fee provided in Article 34 , and whether or not they are variable of the credit fee.
3 The measure referred to in paragraph 1 shall stipulate that in respect of credit operations, where the credit fee is variable, no remuneration as referred to in Article 3 shall be made. Article 34, point C -It's allowed.
It shall be prohibited to charge the creditor and the supplier any higher credit allowance, to pay or to accept, or to charge credit fee at any other time, than is permitted under the terms of the Article 35 .
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It shall be prohibited to the creditor and to the supplier:
a. To assume other liabilities, other than cash, of the borrower in respect of the obligor's liabilities, other than for full or partial early repayment.
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1 It is the lender and the supplier only allowed to secure compliance with a commitment of the borrower under a credit transaction, a pledge as referred to in the Article 237 of Book 3 of the Civil Code to settle on a case where the borrower is purchased by the borrower with the loan or the borrower is given the benefit of the case under the transaction. The first sentence shall apply mutatis mutandis in respect of the retention of a reservation of title and the establishment of a pledge of claim against the obligor.
2 A pledge as referred to in Article 237 of Book 3 of the Civil Code that a comprehensive credit transaction is based on a case, ends of law and the ownership of a case reserved in the context of a revolting credit operation, shall be automatically applicable to the borrower as soon as those repayments have been made in size of the difference between the cash price of that case and the amount of the cash payment relating to the enjoyment of that case, or, if no cash payment was made, to the size of that contour price. Repayments shall be allocated in respect of goods credit to different cases in the same order as in the provision of the enjoyment thereof and in the case of cash credit in the same order as in which they were purchased.
1 Issue of a case, to which a lien referred to in Article 237 of Book 3 of the Civil Code is established or whose property is reserved under a credit transaction, can only be claimed in the cases, intended in Article 33, point C , 1 ° up to and including 6 ° . Article 496, second paragraph, of the Code of Civil Procedure does not apply.
2 Issue of a case as referred to in paragraph 1 cannot be recovered if more than three quarters of the credit sum has been paid off. The previous sentence does not apply in respect of revolting credit operations.
Where a case referred to in paragraph 1 is issued in accordance with the provisions of this Article, the contract shall be terminated automatically by means of contracts which are part of the credit operation.
4 The borrower may not be obliged to allow the creditor or the supplier to enter his place of residence or erf in order to see the case in question or to take it up to its own.
1 If the borrower, within 14 days of the issue of the case, has the total amount due at the time of the redemption, together with the compensation, for the purpose of Article 34, point B , pays, the case is returned by the lender.
2 The payment referred to in paragraph 1 shall reverse the dissolution of the agreements forming part of the credit transaction.
3 If the case is repeated, it shall be returned by the creditor only after payment by the borrower of the amount referred to in the first paragraph, together with the remainder of the credit, as well as the contractual credit allowance, to the extent authorised by Article 35 On the understanding that, in case of a revolting credit transaction rather than the remainder of the credit sum, the remainder of the credit is Article 40, second paragraph, first sentence The repayments of which must be paid; the second sentence of that paragraph shall apply mutatis mutandis.
4 If the creditor has a reasonable interest in refusing the return, the court may provide that the first member shall remain out of application.
5 The provisions of this Article may be derogated from by the parties only for the benefit of the borrower.
1 By way of derogation from Article 229 of Book 3 of the Civil Code create a pledge to a claim for compensation that replaces a case as referred to in Article 40, first paragraph , just in case the case is completely wiped out.
2 A lien as referred to in paragraph 1 shall end by no later than:
a. If the borrower makes equivalent replacement security; or
b. once the borrower has redeemed three-fourth part of the credit sum.
3 The creditor shall, on the other hand, inform the creditor thereof forthwith in writing to the successful tenderer for collection of the transfer referred to in paragraph 1. In so doing, it shall inform the borrower that it is an opportunity to provide equivalent replacement security. Article 40, first paragraph, shall not apply in respect of the replacement security lodged by the borrower.
4 Article 229 of Book 3 of the Civil Code and the first to third members shall apply mutatis mutandis to a reservation of title in respect of a case as referred to in Article 3 (1) of the EC Treaty. Article 40, first paragraph .
1 Agreement as referred to in Article 61 (1) of Book 7 of the Civil Code , may be dissolved only by judicial intervention, subject to the provisions of the Article 41, third paragraph , of this law and the Articles 37 and 38a of the Bankruptcy Law ( Stb. 1893, 140).
If, in the event of a termination of such agreement, one of the parties would be in a better state of power than in the case of the agreement and settlement of that agreement in accordance with the payment procedure, full netting shall be carried out.
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The provisions of this Chapter relating to nullity and voidability shall also apply to agreements as referred to in Article 30, first paragraph , which are concluded outside the Netherlands by a lender or supplier established outside the Netherlands with a borrower who has his habitual residence in the Netherlands and who has applied for the credit in the Netherlands.
1 Debt settlement is prohibited.
2 Debt settlement means the provision of services, other than by entering into a credit transaction, with the provision of services aimed at the establishment of a settlement with regard to the existing debt of a natural person, in whole or in part arising from one or more credit operations.
1 The in Article 47, first paragraph , prohibition as referred to in point (a) shall not apply to debt mediation:
a. Not to be used;
b. by municipalities, municipal credit banks or other institutions held by municipalities, which are engaged in debt mediation by virtue of their objective;
c. by lawyers, curators and directors as a result of the Bankruptcy Act or due to Article 383, seventh paragraph , then Article 435, Seventh Member, of Book 1 of the Civil Code , notaries, bailiffs, chartered accountants and accountancy records;
By designating natural or legal persons, or categories thereof, by a general measure of management.
2 In the case of a general measure of management, provision may be made for the provision of a certificate as referred to in the first paragraph and the remuneration for the settlement of the debt for the purposes of the first paragraph, Ed , persons or categories of persons appointed may not exceed a percentage of the amount of the debts to be determined in so far as a scheme has been established, that the reimbursement may not exceed the cost of such persons. of the conciliation procedure, and no fee may be paid, taken into account or accepted if no arrangement has been established. These rules may vary according to the persons or categories of persons designated, to which they relate.
3 Invalid is an agreement, in so far as it deviates from it by or pursuant to paragraph 2.
The persons designated under the Ministerial Scheme shall be responsible for monitoring compliance with the conditions laid down in this Chapter.
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Violation of regulations, imposed by or under the provisions of the Articles 34 , 36 and 38 is punishable only to the extent that they are applicable to a supplier.
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Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at The Hague, 4 July 1990
Beatrix
The Secretary of State for Economic Affairs,
P. Bukman
The Minister of Justice,
E. M. H. Hirsch Ballin
The Minister of Finance,
W. Kok
Published the twenty-sixth July 1990The Minister of Justice, a.i.,
J. E. Andriessen
