Banking (Customer Service) Law, 5741-1981
חוק הבנקאות (שירות ללקוח), תשמ"א-1981
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Chapter II-A: Processing of an Application for a Housing Loan and Change of the Loan Repayment Date
Definitions§
In this Chapter –
"housing loan" – any of the following:
"housing loan agreement" – an agreement entered into between the lending banking corporation and the borrower at the time the loan is granted (in this Chapter – the agreement);
"notice" – a written notice to a customer;
"period for change of loan repayment date" – a period of four months commencing on the date of commencement of this Chapter, and thereafter – a period of four months commencing on 1 April in every four years, beginning in the year 2005.
Change of the Monthly Repayment Date of a Housing Loan§
Notwithstanding the provisions of any law or agreement, a customer who has submitted a written request during any period for change of loan repayment date may change the monthly repayment date of a housing loan received by the customer, to the 1st, 10th or 15th of the month, at the customer's choice.
Limitation Regarding Arrears in Loan Repayment§
Where a customer is in arrears in repayment of a housing loan, and at the time of the customer's request for a change of the monthly repayment date as referred to in section 9c the customer has not yet settled the full amount of the arrears debt, or has not reached an arrangement with the banking corporation, the banking corporation shall not be obliged to comply with the request.
Notice by the Banking Corporation§
No later than thirty days before the commencement of each period for change of loan repayment date, a banking corporation shall notify the customer of the customer's right to change the monthly repayment date of a housing loan, in accordance with the conditions prescribed in this Law; a banking corporation may deliver such a notice to the customer within the framework of its notice to the customer regarding the annual breakdown of housing loan payments.
Change in Respect of Part of the Housing Loan§
A customer shall not be entitled to change the monthly repayment date except in respect of all parts of the housing loan; in this section, "part" – any part of the housing loan to which different conditions apply from those applicable to other parts of the loan, whether one agreement was entered into in relation to all parts or more than one agreement was entered into.
Commissions for Processing an Application for a Housing Loan and Change of Housing Loan Repayment Dates§
"index" – the consumer price index published by the Central Bureau of Statistics;
"new index" – the index most recently published before the date of update;
"basic index" – the index most recently published before the previous date of update.
Entry into Force of the Change§
The new loan repayment date shall enter into force on the repayment date falling in the month following the month in which the request was submitted, provided that at least 14 days have elapsed from the date of submission of the request for change to the banking corporation.
Deferral of the Monthly Repayment Date of a Housing Loan in Special Circumstances§
Deferral of the Repayment Dates of a Housing Loan due to Death§
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Full Tariff and Reduced Tariffs§
Prohibition on Collecting a Fee Otherwise than in Accordance with the Full Tariff and the Reduced Tariffs§
A banking corporation shall not collect fees from its customers except in respect of a service included in the full tariff and in accordance with its provisions, or in respect of a service approved in accordance with the provisions of section 9i(e), and in respect of categories of customers determined pursuant to section 9i(b) – in respect of a service included in the reduced tariff applicable to such category of customers and in accordance with its provisions.
Prohibition on Collecting a Fee Otherwise than in Accordance with the Banking Corporation's Tariffs§
A banking corporation shall not collect from its customers a fee in an amount or at a rate exceeding the amount or rate set out in the tariff published by the banking corporation, or otherwise than in accordance with the provisions of such a tariff.
Prohibition on Collecting a Fee Otherwise than in Accordance with the Agreement with the Customer§
Without derogating from the provision of section 9j1, where it has been agreed with a customer that a fee shall be collected from that customer in an amount or at a rate lower than the amount or rate set out in the tariff published by the banking corporation, the banking corporation shall not collect from the customer a fee in an amount or at a rate exceeding the amount or rate agreed as aforesaid.
Prohibition on Collecting a Fee for a Service Not Provided§
A banking corporation shall not collect a fee from a customer except in respect of a service that has actually been provided to the customer.
Collection of Fees by a New Bank§
"new bank" means a bank in respect of which five years have not yet elapsed since it became a licence holder;
"customer", for the purposes of subsections (b) to (d) – as defined in section 9i(f).
Declaration of a Service as a Supervised Service in respect of the Fee Collected Therefor§
Supervision of Fee Amounts or Rates§
The Governor may, after consulting the Advisory Committee, determine, by Order, in respect of a supervised service, any of the following:
Request for an Increase in the Amount or Rate of a Fee§
Prohibition on Collecting a Fee for a Supervised Service Otherwise than in Accordance with Sections 9l or 9m§
A banking corporation shall not collect from its customers a fee for a supervised service otherwise than in accordance with a provision set in respect thereof by Order pursuant to section 9l, and shall also not increase the amount or rate of a fee it collects for such a service for which no provision has been set by Order pursuant to that section, except pursuant to a permit under section 9m or otherwise than in accordance with the conditions of such a permit.
Duty to Report Prior to Increasing a Fee for a Non-Supervised Service§
A banking corporation shall not increase the amount or rate of a fee for a service that is not a supervised service, unless it has given the Supervisor 30 days' advance notice thereof.
Publication of Approvals and Permits§
The Supervisor may direct a banking corporation to publish, in the manner directed, an approval or permit granted in accordance with the provisions of this Chapter.
Exclusivity of the Power to Supervise Fees§
The Commodities and Services Price Supervision Law, 5756-1996, shall not apply to a fee for a service under this Law.
Duty to Report to the Economics Committee of the Knesset§
The Supervisor shall report to the Economics Committee of the Knesset, every six months, on actions taken in accordance with the provisions of this Chapter, and on the implementation of those provisions by banking corporations.
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