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Frequently Asked Questions

Date(g): 1/8/2015 | Date(h): 16/10/1436

Translated Document

Effective from Aug 01 2015 - Jul 31 2015
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1. How is the declining balance method used to distribute the term cost?

The financing contract must specify the use of the declining balance method to distribute the term cost over the repayment period, with the term cost allocated proportionally among the installments based on the remaining balance of the financing amount at the beginning of the period for which the installment is due.

2. Can the lessee acquire the leased asset early?

If the lessee opts to acquire the leased asset under the contract at any time, they may do so through an additional agreement that finalizes the sale or gift. This involves settling the remaining installments early without bearing the term cost for the remaining contract period. The lessor may be compensated for reinvestment costs and any payments made to a third party due to the financing contract. The contract may specify a period during which early acquisition is prohibited if the contract concerns real estate, provided the prohibition does not exceed two years from the date of the financing contract.

 

3. Can the beneficiary repay the entire remaining amount of the financing early? Will they incur the term cost for the remaining period?

The beneficiary can repay the entire remaining balance of the financing amount early at any time without incurring the term cost for the remaining period. However, the financing entity should be compensated for reinvestment costs, which should not exceed the term cost for the three months following the repayment, plus any payments made to a third party due to the financing contract.

 

4. Can the beneficiary repay part of the remaining financing amount early?

There are no regulations or implementing regulations that prevent early repayment of part of the remaining financing amount. The updated consumer financing regulations require the financing entity to accept any partial repayment under the financing contract before its due date, equivalent to one installment or its multiples.

 

5. Is there a specific period that must elapse before early repayment is allowed?

The real estate financing contract may specify a period during which early repayment is prohibited, provided that this period does not exceed two years from the date of the real estate financing contract. This also applies to leasing if the contract concerns real estate.

 

6. Can the financing entity refuse early repayment of the remaining financing amount?

The financing entity cannot refuse early repayment of the remaining financing amount if the beneficiary requests it. However, the real estate financing contract may specify a period during which early repayment is prohibited, provided this period does not exceed two years from the date of the financing contract.

 

7. What compensations can the financing entity receive in case of early repayment of the remaining financing amount?

The financing entity is entitled to compensation from the beneficiary in case of early repayment for:
 

1.Reinvestment costs, which should not exceed the term cost for the three months following the repayment, calculated based on the declining balance.
2.Any expenses paid by the financing entity to a third party due to the financing contract, under the following conditions:
a.The payments were made to a third party and not compensated by the beneficiary.
b.These payments are documented in the financing file.
c.The payments cannot be recovered from the third party.
d.Compensation is calculated based on the remaining term of the financing contract.