lexiara

Defined terms — Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 Text with EEA relevance

European Union · 32014L0017 · 1276 provisions

24 defined in this instrument, 5 borrowed from other acts.

All provisions · All instruments

Advisory services — the provision of personal recommendations to a consumer in respect of one or more transactions relating to credit agreements and constitutes a separate activity from the granting of a credit and from the credit intermediation activities set out in point 5 (21), (21)
Ancillary service — a service offered to the consumer in conjunction with the credit agreement (4), (4)
Annual percentage rate of charge — the total cost of the credit to the consumer, expressed as an annual percentage of the total amount of credit, where applicable, including the costs referred to in Article 17(2) and equates, on an annual basis, to the present value of all future or existing commitments (drawdowns, repayments and charges) agreed by the creditor and the consumer (15), (15)
Appointed representative — a natural or legal person who performs activities referred to in point 5 that is acting on behalf of and under the full and unconditional responsibility of only one credit intermediary (8), (8)
Borrowing rate — borrowed from another act; this instrument states no meaning of its own (16), (16)
Bridging loan — a credit agreement either of no fixed duration or which is due to be repaid within 12 months, used by the consumer as a temporary financing solution while transitioning to another financial arrangement for the immovable property (23), (23)
Bundling practice — the offering or the selling of a credit agreement in a package with other distinct financial products or services where the credit agreement is also made available to the consumer separately but not necessarily on the same terms or conditions as when offered bundled with the ancillary services (27), (27)
Competent authority — an authority designated as competent by a Member State in accordance with Article 5 (22), (22)
Consumer — borrowed from another act; this instrument states no meaning of its own (1), (1)
Contingent liability or guarantee — a credit agreement which acts as a guarantee to another separate but ancillary transaction, and where the capital secured against an immovable property is only drawn down if an event or events specified in the contract occur (24), (24)
Credit agreement — an agreement whereby a creditor grants or promises to grant, to a consumer, a credit falling within the scope of Article 3 in the form of a deferred payment, loan or other similar financial accommodation (3), (3)
Credit institution — credit institution as defined in point 1 of Article 4(1) of Regulation (EU) No 575/2013 (9), (9)
Credit intermediary — a natural or legal person who is not acting as a creditor or notary and not merely introducing, either directly or indirectly, a consumer to a creditor or credit intermediary, and who, in the course of his trade, business or profession, for remuneration, which may take a pecuniary form or any other agreed form of financial consideration: presents or offers credit agreements to consumers; assists consumers by undertaking preparatory work or other pre-contractual administration in respect of credit agreements other than as referred to in point (a); or concludes credit agreements with consumers on behalf of the creditor (5), (5)
Creditor — a natural or legal person who grants or promises to grant credit falling within the scope of Article 3 in the course of his trade, business or profession (2), (2)
Creditworthiness assessment — the evaluation of the prospect for the debt obligation resulting from the credit agreement to be met (17), (17)
Durable medium — borrowed from another act; this instrument states no meaning of its own (18), (18)
Foreign currency loan — a credit agreement where the credit is: denominated in a currency other than that in which the consumer receives the income or holds the assets from which the credit is to be repaid; or denominated in a currency other than that of the Member State in which the consumer is resident (28), (28)
Group — a group of creditors which are to be consolidated for the purposes of drawing up consolidated accounts, as defined in Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings OJ L 182, 29.6.2013, p. 19. (6), (6)
Home Member State — where the creditor or credit intermediary is a natural person, the Member State in which his head office is situated; where the creditor or credit intermediary is a legal person, the Member State in which its registered office is situated or, if under its national law it has no registered office, the Member State in which its head office is situated (19), (19)
Host Member State — the Member State, other than the home Member State, in which the creditor or credit intermediary has a branch or provides services (20), (20)
Non-credit institution — any creditor that is not a credit institution (10), (10)
Shared equity credit agreement — a credit agreement where the capital repayable is based on a contractually set percentage of the value of the immovable property at the time of the capital repayment or repayments (25), (25)
Staff — any natural person working for the creditor, or credit intermediary who is directly engaged in the activities covered by this Directive or who has contacts with consumers in the course of activities covered by this Directive; any natural person working for an appointed representative who has contacts with consumers in the course of activities covered by this Directive; any natural person directly managing or supervising the natural persons referred to in points (a) and (b) (11), (11)
Tied credit intermediary — any credit intermediary who acts on behalf of and under the full and unconditional responsibility of: only one creditor; only one group; or a number of creditors or groups which does not represent the majority of the market (7), (7)
Total amount of credit — borrowed from another act; this instrument states no meaning of its own (12), (12)
Total amount payable by the consumer — borrowed from another act; this instrument states no meaning of its own (14), (14)
Total cost of the credit to the consumer — the total cost of the credit to the consumer as defined in point (g) of Article 3 of Directive 2008/48/EC including the cost of valuation of property where such valuation is necessary to obtain the credit but excluding registration fees for the transfer of ownership of the immovable property. It excludes any charges payable by the consumer for non-compliance with the commitments laid down in the credit agreement (13), (13)
Tying practice — the offering or the selling of a credit agreement in a package with other distinct financial products or services where the credit agreement is not made available to the consumer separately (26), (26)
validity date — the length of time the information, e.g. the borrowing rate, contained in the ESIS will remain unchanged and will apply should the creditor decide to grant the credit within this period of time. Where the determination of the applicable borrowing rate and other costs depends on the results of the selling of underlying bonds, the eventual borrowing rate and other costs may be different from those stated. In those circumstances only, it shall be stipulated that the validity date does not apply to the borrowing rate and other costs by adding the words: ‘apart from the interest rate and other costs’ (1)