Value date

from Wikipedia, the free encyclopedia

Value position ( value ) referred to in banking determining the calendar date on which a credit or load on an account is active or effective interest. Synonymous with the value date is the value date .

Interest calculation

The calculation of interest for credits or debits begins or ends with the date of the value date on the relevant current account . If an amount is credited to an interest-bearing vendor account, the interest calculation for the credited sales item also begins on the value date. If an amount is debited, the interest calculation for the relevant sales item ends accordingly. Conversely, this also applies to accounts with debit balances.

Value clauses

Value clauses regulate the point in time at which the account movement is included in the respective interim balance for calculating the interest. You have often dealt with the judiciary . With cash payments into the account, right of the customer against the bank already arise with the payment - and not only with the credit or the value date. Accordingly, the bank only fully complies with its contractual obligation under the giro contract if it has also timed the transfer amount, i.e. H. corrects the value in the current account . Because only with the value date, i.e. the determination of the calendar day for which the transfer amount is included in the (interim) balance of the current account that is decisive for the interest calculation, the amount can affect interest. An exception to this, however, applies expressly to credit notes on submitted checks, which are made subject to the check cashing. If a company branch does not contain BRSI, the value date will be shifted by 1–2 days and will be billed from the company headquarters and not from the actual branch.

The regulation of § 676g BGB in force since January 2002 was replaced by the regulation of § 675t BGB in November 2009. According to this, incoming payments for transfers must be booked immediately after receipt, the value date must be made on the same day as the incoming payment. It can be assumed that posting a credit note on the business day following receipt (with a retroactive value date on the day of receipt) is still permitted. The legal text takes up the case law of the Federal Court of Justice on the value of incoming transfers. The BGH had made it clear that the credit, even if it is made retrospectively, is to be made in such a way that the value date of the amount received on the customer's account takes place on the date of the day on which the amount was made available to the bank. The beneficiary bank can only enter into a different value date agreement for cash deposits with companies, as the legal regulation relates to consumers .

Account balance transparency

If credit institutions on bank statements , in online banking or ATMs ledger balances show, this can lead to the fact that the customer withdraws money which, although the accounts in but not yet valuta credited to the account. Therefore, according to the BGH, it is inadmissible for credit institutions to display the book balance at the ATM. In doing so, the credit institutions violate their contractual obligations from a giro contract if they provide account holders with incorrect information about the status of their giro accounts, particularly in the last days of the month when checking the balance of their giro accounts (§ § 676f , § 675 Paragraph 1 BGB in conjunction with § 666 BGB). This misleading of customers can be avoided without further ado, either through explanatory notes or through (partial) abandonment of the additional customer service of automated information about the account balance. According to the BGH, the account balance information at the ATM is set up by displaying pension payments as credit before their value date in such a way that many customers can be misled when checking their account balance. This account balance information could induce customers to avail themselves of credit services from banks through unwanted account overdrafts which they would not have used if the account balance was correct. In continuation of this case law, the Federal Court of Justice decided in 2007 that account statements are misleading if the account balance also contains non-“valued” amounts that cannot be accessed without debiting interest until the value date, even if the individual account transactions differ Indicated value date.

Others

In the case of different value dates of a transfer between two accounts at the same bank, there are interest advantages (value date gains) for this bank, because for the period between the value dates for the transferred amount neither interest is calculated on the source nor on the target account.

Usually, securities , foreign exchange and precious metal transactions in Germany are posted with a two-day value date, namely two working days after the actual transaction. This has to do with the fact that the transaction is based on a cash transaction .

See also

Individual evidence

  1. ^ BGH WM 1979, 533
  2. Klemens Pleyer / Herwart Huber: Values ​​and transfer times in the giro relationship. ZIP 1987, 424 (430)
  3. BGH WM 1997, 1192 ff.
  4. ^ BGH press release No. 29/1997 of May 6, 1997 , accessed on March 11, 2009
  5. Bundestag printed paper 16/11643 of January 21, 2009, p. 112 ( Memento of the original of March 19, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.gesetzesportal.de
  6. BGH BGH NJW 1997, 3168
  7. BGH, judgment of June 27, 2002, - Az .: I ZR 86/00
  8. BGH, judgment of January 11, 2007, - Az .: I ZR 87/04