Loan application
The loan application is banking that the bank customers outgoing offer to conclude a loan agreement .
General
When borrowing requirements to bank customers should contact their local bank , which in mass lending business usually forms holds meeting the financing needs of individuals query standardized. Loan applications are often already available on the website of credit institutions . In private banking and corporate finance , the loan application is preceded by extensive individual consultations . Loan applications, with the exception of the credit facility in principle to provide for all types of loans ( consumer loans , real estate financing or effect collateral loans for individuals; investment loans , overdrafts , roll-over loans , Revolving loans or stand-by loans for companies ).
content
Standardized loan applications contain a personal and a credit - related component in the form of self- disclosure, whereby the form contains information that is necessary for the conclusion of a later credit agreement:
- Personal circumstances :
Date of birth , nationality , gender ( male or female gender ), education , vocational training , family status , marital property , housing conditions ( ownership / rental ), telephone / cell phone , e-mail address , frequency of moving, change of profession, duration of the bank;
- Credit related data :
Loan size , loan type , repayment proposal , interest and repay principal appointments, financing plan , purpose , collateral , employer , types of income and height, financial circumstances , debt and contingent liabilities (given guarantees ) and beneficial owner of the loan.
Much of the information in the loan application must be proven by general lending documents ( proof of income , pay slip , invoices , income tax assessments for natural persons, annual financial statements for companies). The loan application is usually associated with the consent to obtain inquiries from Schufa and / or other credit agencies. The loan application must be signed by the customer and clarifies the legal consequences of deliberately incorrect or incomplete information ( fraudulent misrepresentation , loan fraud ).
Legal issues
Mere inquiries, contacts or preliminary negotiations by the bank customer do not count as a loan application. Rather, the acquisition of a's loan commitment directed or grant free-form declaration required that brings a specific credit desire to express the potential of the lender can be assumed. The bank customer is according to § 145 BGB tied to the loan application, once the request through access received by the bank. This turns the loan application into a binding declaration of intent aimed at granting or leaving credit. The offense of loan fraud is by § 265b of the Criminal Code also requires that a "request for, leaving or changing the conditions of a loan" was made.
Application review
The loan application triggers a credit process in credit institutions . The review of the loan application by loan processing is already part of the creditworthiness and creditworthiness check that credit institutions must carry out in accordance with Section 18 KWG . If no blank loan can be granted, a collateral assessment is carried out based on the loan collateral proposed in the loan application. House banks can check large parts of loan applications for plausibility using their own account data . A credit score (for natural persons) or a rating (for companies) is derived from the data of the credit application and the feedback from the credit bureaus , which is condensed into a credit rating and forms the basis of the credit decision .
Loan agreement
In the event of a negative credit decision, the bank will reject the credit application so that no credit agreement is concluded. If the credit decision is positive, the basis for the decision is implemented internally through a credit agreement. This contains loan conditions and disbursement requirements, which, if possible, take into account the content of the borrower's original loan application.
Individual evidence
- ↑ Jürgen W. Werhahn, Brief Lexicon for Loan Processing Agents - A Handbook for Bank Loan Processing , 1962, p. 28
- ↑ Klaus Tiedemann, Leipziger Comment StGB , Volume 9, §§ 263-266b, 12th edition, 2011, § 265b StGB, Rn. 52
- ↑ Thomas Hartmann-Wendels / Andreas Pfingsten / Martin Weber, Bankbetriebslehre , 2000, p. 221
