Non-acceptance compensation
In banking, non-acceptance compensation is a consideration that the lender can charge the borrower for not accepting a loan .
General
The loan approval or a loan agreement usually contains an acceptance period within which a borrower must call up the loan, i.e. use it. A loan commitment or loan agreement is associated with a purchase obligation on the part of the borrower, which he can fulfill by calling up the loan.
Legal issues
Denies the borrower, the decrease of the loan or he takes it not, despite a deadline to complete can the bank from the contract withdraw or compensation charge (§ § 323 , § 325 , § 280 BGB ). If the borrower does not take the loan contrary to the agreement, then the lender is entitled to non-acceptance compensation. The agreement of a non-acceptance fee is not a surprising clause according to § 305c BGB, provided it does not exceed about 3% of the loan amount annually.
economic aspects
The non-acceptance compensation serves to compensate for the damage that the bank has suffered primarily from the fact that it has already obtained and kept the funds intended for the loan by way of refinancing and therefore has to bear the refinancing costs itself . As with a loan that has already been disbursed, the bank incurs refinancing damage at least: credit banks usually procure the corresponding amount by taking out a loan themselves, for example through mortgage bonds or interbank trading , for which interest is due. The non-acceptance fee is calculated like the prepayment penalty .
Demarcation
The non-acceptance penalty differs from the early repayment penalty in that the latter is incurred for a loan that has already been drawn if it is to be repaid during a fixed interest period or before it becomes due .
Individual evidence
- ↑ Helmut Staab, Corporate Loans in Bank Law Practice , 2003, p. 55
- ↑ BGH, judgment of March 12, 1991, Az .: XI ZR 190/90 = NJW 1991, 1817
- ↑ BGH ZIP 1986, 359, 360