Credit commission
A credit commission is a component of the credit conditions in banking , which is calculated on the entire credit line regardless of the credit usage . The calculation of the actual interest on the loan remains unaffected.
history
According to Wilhelm Hasenack , an attempt was made to use the credit commission to compensate for the expected deterioration in the market during the inflation period between 1914 and 1923; it was a devaluation premium and lost its meaning with the stabilization of the market. Until about 1912, the banks charged a sales commission of 1 ‰ or 1/8% of the larger side of the account when the account was closed every six months . In the following years, in connection with the efforts of the Reichsbank to increase the cash liquidity of the banks, the rates were increased. At that time, the term credit commission was born, which covers the provision and granting of credit. At that time, the credit commission served several purposes, because it was intended to replace lost profit, risk premium and remuneration for work. According to Wilhelm Kalveram , the credit commission "may be calculated for promised loans, provided they have not been used". The credit commission was legally permitted by Section 5 of the Interest Ordinance of March 1, 1965, which permitted a credit commission of a maximum of 3% pa. After interest rate liberalization on April 1, 1967, statutory interest rate regulations ceased to apply, but the credit commission was retained in banking practice.
Calculation reason
As a type of period-dependent commission , the reason for calculating it is controversial today. The actual credit risk is compensated by the lending rate, while the commitment fee for the refinancing costs will be payable incurred by the mere provision of a credit line, if it is not used. With revolving credit , stand-by loans , overdrafts or credit facilities , the authorization of the credit commission be seen in the administrative expenses of the bank, which is triggered by the constant new use.
As a result, the credit and commitment commission pursue the same goal, namely the reimbursement of the refinancing costs for the provision of the credit line regardless of its utilization. It is strictly from the processing fee for consumer loans to separate the banks for the loan processing had risen. The BGH decided in May and October 2014 that the processing fee for personal loans demanded by many banks is inadmissible because the agreement of processing fees for consumer credit agreements in general terms and conditions pursuant to Section 307 (1) sentence 1, paragraph 2 no. 1 BGB is ineffective is. These include in particular installment and car loans as well as loans for real estate financing .
Todays situation
Today the borrowing interest and a possible credit commission are seen as a unit, which means that a credit commission is waived at all and a so-called net interest rate is calculated instead. If an overdraft commission is charged, no credit commission can be charged on the overdraft. Where credit commissions are no longer applicable, they have been partially replaced by (one-off) processing fees.
Individual evidence
- ^ Wilhelm Hasenack, Company calculations in the banking industry , 1925, p. 125
- ↑ Ernst Westphal, The regular banking business of German credit banks since market stabilization , 1932, p. 92
- ↑ Manfred Schaudwet, Bank current account and general terms and conditions , 1967, p. 98
- ↑ Wilhelm Kalveram / Leo Gimboth, Economic Calculating : Floor Plan of Commercial Arithmetic , 1968, p. 166
- ↑ Albrecht Mulfinger / Rüdiger Looff, The Effects of Interest Liberalization in Germany , 1973, p. 17
- ↑ BGH, judgment of May 13, 2014, Az .: XI ZR 405/12
- ↑ BGH, judgment of October 28, 2014, Az .: XI ZR 348/13
- ↑ Reinhold Adrian / Thomas Heidorn, Der Bankbetrieb , 2000, p. 495