Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 376.10 · Financial Institutions Act (Consumer (S.L. 376.10)

S.L. 376.10 Art. 6Obligations of creditorsandcredit intermediaries.

In KraftAmtlicher Text

(1) A creditor shall take all the necessary steps to ensure full compliance with these regulations.

(2) Unless otherwise provided, the obligations of the creditor shall equally apply to a European creditor, and a credit intermediary:

Provided that a credit intermediary shall be required to:

(a) indicate in advertising and documentation intended for consumers, the extent of his powers, in particular whether he works exclusively with one or more creditors or as an independent intermediary;

(b) disclose the fee, if any, payable by the consumer for his services, which fee shall be agreed to in writing or on a durable medium between the consumer and the credit intermediary before the conclusion of the credit agreement; and

(c) disclose the fee, if any, payable by the consumer to the credit intermediary for his services to the creditor for the purpose of calculating the annual percentage rate of charge.

(3) A creditor or credit intermediary may be requested by the competent authority to provide the necessary evidence of compliance with knowledge and competence requirements as established in any regulations and rules issued thereunder.

(4) All information provided by creditors to consumers in relation to these regulations shall be provided free of charge regardless of the media used to provide such information.

(5) The conditions to be fulfilled by the consumer for being granted credit shall not discriminate against consumers legally resident in the European Union on the ground of their nationality or place of residence or on any ground as referred to in Article 21 of the Charter of Fundamental Rights of the European Union, when those consumers request, conclude or hold a credit agreement within the Union:

Provided that sub-regulation (5) shall be without prejudice to the possibility of offering different conditions of access to a credit where those different conditions are duly justified by objective criteria.