2019-01-01
The Council of the Central Bank of Montenegro issued this Decision to standardize the calculation and reporting of effective interest rates for loans and deposits. It mandates that credit institutions, microcredit providers, and other creditors disclose the total annual cost of credit, including fees and collateral impacts, using specific discounting and compound interest methodologies. The regulation requires clear written disclosure to customers prior to contract signing and establishes detailed rules for repayment plans and variable rate notifications.
1 Pursuant to Article 44 paragraph 2 item 3 of the Central Bank of Montenegro Law (OGM 40/10, 46/10, 06/13, 70/17), Article 211 of the Law on Credit Institutions (OGM 72/19, 8/21) and Article 27 paragraph 8 of the Consumer Credit Law (OGM 35/13), the Council of the Central Bank of Montenegro, at its meeting held on 28 December 2021, passed the following DECISION on the calculation and reporting of the effective interest rate on loans and deposits Article 1 This Decision shall prescribe the manner of calculating and reporting the lending effective interest rates on loans and deposit effective interest rate on received deposits, as well as informing the clients on those effective interest rates. Article 2 The Decision shall be applied by:
2 initial amount, i.e. from the principal at the beginning of the basic capitalization period. 6) “Discounting” means resuming all future inflows and outflows to the current value based on specific loan or deposit agreement. 7) “Cash collateral” means loan security instrument in cash deposited with the credit institution, in the manner defined in the loan agreement; 8) “Loan repayment plan” means a scheduled summary of all chronologically presented cash flows and outflows arising from loan agreement with the purpose of informing customers and creditors, i.e. updating the realization of their rights and obligations. 9) “Deposit payoff plan” means a scheduled summary of all chronologically presented cash flows and outflows arising from deposit agreement with the purpose of informing customers and depositories, i.e. updating the realization of their financial rights and obligations. 10) “Maturity period” means part of accounting period that remaining from the moment of monitoring specific loan or deposit up to the moment of its final collection or payoff determined in the agreement between customer and creditor/depositor. Article 4 Lending effective interest rate shall report the expenses paid by a customer to the creditor when granting and during the loan repayment, while the deposit effective interest rate shall report the expenses paid by a depository realised through payoffs to the client on the basis of received deposit. Effective interest rate shall report total loan/deposit expenses, expressed as an annual percentage of the total amount of loan/deposit. Article 5 The manner of calculating and reporting effective interest rate on loans and deposits is based on compound interest account, decursive calculation, and discounting based on calendar number of days of the month and of the year. Effective interest rate on loans with cash collateral shall be additionally adjusted by a single equivalent of discounted cash flows and outflows based on cash collateral. Effective interest rate shall be reported on the annual basis, with two decimals, rounding up to the second decimal. Article 6 Information on effective interest rates on loans and deposits, published by creditors or depositaries in their premises, as well as in commercials and advertisements through public media, brochures and the like that inform, directly or indirectly, on effective interest rate or other amount forming a part of the loan or deposit price, must include effective interest rate corresponding to the nominal interest rates.
3 Effective interest rate shall not be less prominent than other information on loan or deposit and, when published, the term “effective interest rate” must be used, or the abbreviation “EIR” if the term is repeated. The information on the effective interest rate shall be disclosed to the customer in writing before accepting the offer or prior to signing the loan or deposit agreement. Informing the customer on the effective interest rate to consumer loans shall be done using the form for informing on the consumer loan, determined by the specific secondary legislation passed by the Central Bank, pursuant to the law regulating consumer loans. Informing the on the effective interest rate to deposits and loans that do not belong to the category of consumer loans may be done using the form from paragraph 4 above, or in other appropriate manner. Article 7 If variable interest rate is agreed in the loan/deposit agreement, creditor/depository shall inform the client the change thereof prior to its implementation by posting a visible notification in the creditor’s premises, by email or otherwise specified by the agreement. By way of derogation from paragraph 1 above, notification on the interest rate change for consumer loan beneficiaries shall be performed in accordance with the law governing consumer credits. Article 8 When concluding a loan or deposit agreement, the loan repayment plan or the deposit payoff plan shall be compiled containing clearly defined effective interest rate, and one copy shall be delivered to the customer, and one copy will be kept in the creditor’s or depository’s documentation. Article 9 Loan or deposit agreement shall contain corresponding provision that shall clearly state that the customer is informed on loan or deposit terms and effective interest rate, and that he/she has been delivered the loan repayment or the deposit payoff plan. Article 10 Elements for calculation of the effective interest rate, the manner of calculating and reporting effective interest rate and minimum contents of the loan repayment plan or the deposit payoff plan shall be closely regulated in the Methodology for Calculation and Reporting of Effective Interest Rate to Loans and Deposits, which makes an integral part of this Decision. Article 11 The Decision on the Uniform Manner of Calculation and Reporting of Effective Interest Rate on Loans and Deposits (OGRM 51/13, 52/14) shall be repealed with effect from the date of application of this Decision.
4 Article 12 This Decision shall enter into force on the day following that of its publication in the Official Gazette of Montenegro, and it shall be applied of 1 January 2022. THE COUNCIL OF THE CENTRAL BANK OF MONTENEGRO Decision number: 0101- 9053 -5/2021 Podgorica, 28 December 2021
CHAIRMAN G O V E R N O R, Radoje Žugić, m.p
5 Methodology for the calculation and reporting of effective interest rate on loans and deposits I. Basis for effective interest rate calculation Basis for loans and deposits effective interest rate calculation consists of compound interest account, decursive interest calculation and discounting based on calendar number of days of the month and of the year. The manner of effective interest rate calculation is based on the net present value method. By applying the effective interest rate, discounted cash inflow equals to the discounted cash outflows referring to loans and received deposit. Effective interest rate is the interest rate, by which application the discounted series of net cash flows is equal to zero. Effective interest rate on loans which use cash collateral as security instrument is additionally adjusted with single equivalent of the impact of discounted cash inflows and outflows based on cash collateral that is used to secure loan collection. In terms of loan relation, net cash flow on loans in specific period represents a difference between all payments of the customer and all payoffs to the customer over that period. Cash flows include any cash transfers between customer and creditor, and occasionally, third party that is directly related to loan approval, or forms a part of loan terms (e.g. payments of principle, instalment, fee for loan approval, fee for loan servicing, etc.) or qualifies loan approval (fee for processing loan request). Similarly, in deposit relation, net cash flow during a specific period of time represent the difference between any payments to deposit recipient and any payoff to depositors, over that period. II. Preparation of repayment/payoff plan When establishing credit relation, creditor delivers a repayment plan to the customer, and when establishing deposit relation, the depositor delivers a deposit payoff plan to the customer, with clearly presented effective interest rate. Repayment/payoff plan must include nominal interest rate, with explanatory note stating whether the interest rate is fixed or variable. Repayment/payoff plan (hereinafter: Plan) is delivered to the customer without auxiliary columns for effective interest rate calculation. Auxiliary columns in the repayment/payoff plan for effective interest rate calculation show: net cash flow, discounted net cash flow, discounted loan disbursements and discounted cash collateral flows. Creditor, i.e. depository encloses the repayment/payoff plan with auxiliary columns for interest rate calculation to its loan, i.e. deposit documentation. Header of the repayment/payoff plan (for loan or deposit agreement or for customer information) must include name and address of the creditor, i.e. depository, and contact information. Repayment/payoff plan should also include preparation date and a note that the effective interest rate is valid as at repayment/payment plan preparation date.
6 Repayment/payoff plan, handed to the customer when signing a loan, i.e. deposit agreement has to include creditor’s, i.e. depository’s seal, as well as the signature of responsible person. Effective interest rate calculation is based on the assumption that the loan agreement will remain effective during the agreed period and creditor and the customer will meet all obligations within the conditions and deadlines prescribed by the loan agreement. For example, if a loan agreement prescribes higher interest rate in case when the customer doesn’t regularly repay the loan, this fact should be disregarded, and repayment/payoff plan should be developed based on the interest rate prescribed for the regular loan repayments. For loan or deposit agreements that include clauses on variability of the interest rate as well as fees and commissions that are part of the effective interest rate calculation, the effective interest rate is calculated based on the assumption that the interest rate and other fees during the contracting period will remain fixed in relation to the initial interest rate and that they will be applied until the expiry of the loan agreement. The following assumptions are used for the calculation of effective interest rate, if applicable:
7 fully or after certain period, and they are available for re-disbursement after repayment; 5) in case of loan agreements where overdraft agreement or loan agreement with no maturity has not been signed, the following assumptions are used: If the date or the amount of principal repayment by the customer cannot be determined with certainty, it is assumed that the repayment will be made at the earliest date and in the lowest amount foreseen by the loan agreement, If the date of conclusion of loan agreement is unknown, it is assumed that the date of initial withdrawal of funds based on loan agreement is the date resulting in the shortest range between such date and the date of the first payment to be made by the customer, In case where the date or the amount of repayment to be made by the customer cannot be determined based on the loan agreement with certainty or using other assumptions from this methodology, it is assumed that the repayment is made in accordance with the dates and conditions required by the creditor, and if they are unknown, it is assumed that: a) Fees are paid together with the principal repayment, b) Non-interest bearing expenses shown as one-off amount are paid as of the day of the loan agreement conclusion, c) Non-interest bearing expenses shown as separate payments are paid in regular instalments starting from the date of the first principal repayment, and if amounts of such payments are unknown, it is assumed that the amounts of payments are equal, d) The remaining portion of principal, interest and other expenses, if any, are settled by the last customer payment; 6) If ceiling of the loan is not agreed, it is assumed that such limit amounts to 1.500 euro; 7) If different interest rates are envisaged by the loan agreement or fees for different periods of withdrawal of funds are agreed by the loan agreement, it is assumed that funds will be withdrawn and used at the highest interest rate and fee envisaged by the agreement; 8) For loan agreement for which fixed interest rate is agreed compared to the initial period, and a new interest rate is agreed after the expiry of that period, which is further periodically adjusted with some agreed indicator, it is assumed that end-period interest rate for which fixed rate is valid is the same as in the moment of the effective interest rate calculation based on the value of the agreed indicator in that moment. Regarding trial calculations of effective interest rate on loans and for purpose of informing the customer, it is assumed that hypothetical loan from the example is released on the first day of the month, and that the capitalised interest is calculated for at least one month. Foreign currency loans and deposits are shown in respective currency. Loans and deposits in EUR, with foreign currency clause, are shown in EUR, according to the foreign exchange rate valid on the repayment/payoff plan preparation date. Foreign exchange rate of the previous translation must be stated in the repayment/payoff plan. If more than one reference exchange rate is used (e.g. buying exchange rate when
8 granting the loan, and selling exchange rate when repaying the loan), each of the exchange rates used, should be stated in the repayment/payoff plan, as well as the explanation of the use of specific exchange rates. Exceptionally, if the same reference exchange rate is used for release of the loan and loan repayment, and for the acceptance and payoff of deposits (e.g. ECB reference exchange rate taken over by the CBCG and posted on its web site), loans and deposits with foreign currency clause can be shown in foreign currency (instead of EUR), as at the day of repayment/payoff plan development. Foreign currency loans and deposits with fees and commissions that are determined and paid in EUR, when calculating the effective interest rate, need to be converted in foreign currency based on the mean exchange rate valid on the repayment plan date. III. Calculation of effective interest rate on loans by the repayment plan Effective interest rate on loans is calculated by using the loan repayment plan (loan repayment plan template is provided in the annex of this methodology) and by using the tentative method and linear interpolation, as well as calculator or appropriate computer program (e.g. Excel). Procedure is identical as the procedure for general determination of internal yield rate. Loan repayment plan (hereinafter: loan repayment) includes the following columns:
9 8. Other expenses – this column is for all other expenses incurred by the customer, and directly related to the loan, including:
10 which represent mandatory condition when granting the consumer loan, the creditor properly informs the customer that this loan collateral represents a condition for granting the loan and that expenses referring to that collateral are not included in presented amount of the effective interest rate. In the moment of publishing the services or informing the customer, pursuant to Article 6 of this Decision, the creditor properly informs the customer about the type of expenses referring to the loan, but are not included in the calculation of the effective interest rate, as well as about the amounts of these expenses, if the customer is familiar with them. 9. Loan balance – this column states loan balance in a certain period. It is equal to the loan amount decreased by paid-off principal (cumulated instalments). 10. Cash collateral flows – this column states any cash flows related to cash collateral – payments and payoff of cash collateral, contingent expenses related to cash collateral and contingent interest on cash collateral, positive when the cash flow is directed from the customer to depositor (payment), and negative when the cash flow is directed from the depositor to the customer (payoff or interest). 11. Description – states summary of cash flow during a certain period. 12. Net cash flow – represents the sum of instalments (column 7), interest (column 8) and other expenses (column 9) - positive cash flow, decreased by loan amount (column 4) and other payoff (column 5) - negative cash flow during a certain period. All amounts in columns 4 – 10 are reported as positive. Net cash flow can be positive or negative, positive marking net asset inflow to the creditor (payments) and negative marking net asset (payoff). 13. Discounted net cash flow – this column includes amounts that are obtained by discounting net cash flows from column 12 with annual interest rate of loan expense (percentage), using the following formula : t d k PGS NNT 100 1 . NNTk means net cash flow in certain period, while PGS in discounted factor means annual rate of loan expenses: d/t in exponent is sum of the following components:
11 ( ) ( ) ( ( ) 1).12.31. ( ) (0) 1 (0) (0).12.31. (0) t k dat k yyyy k yyyy k yyyy t yyyy dat t d t(0)= 1+yyyy(0).12.31.-yyyy(0).01.01. t(k)= 1+yyyy(k).12.31.-yyyy(k).01.01. In this formula, dat(0) is date of zero period, while dat(k) is the date of the period in which there is the cash flow that is discounted. Excel formulas can be used for calculation (e.g. with the dates in the format given in the formula above). D/t represents, in fact, number of years (not necessary the whole number) between the dates of zero period and date in which is shown cash flow, which is discounted, i.e. length of that period expressed in years. Since PGS represents the rate which is yet to be calculated, a process for its calculation is mentioned. Repayment plan ends with row Total, which is established after the last cash flow in the last period. In that row, in the column Discounted net cash flow all discounted net cash flows from individual periods are added. PGS represents an approximate solution with two decimals of the following equation: 0 100 1 t d k k PGS NNT . A method of attempt or method of linear interpolation may be used for its calculation, by using calculator of appropriate computer program. Obtained annual rate of loan expenses is not shown in the repayment plan but is used for the calculation of the effective interest rate using the following formula: UDIK UDTSP UDIK EKS PGS The meaning of symbols UDIK and UDTSP is explained in the points 14 and 15. 14. Discounted loan payments – in this column there are discounted values of loan payments referred to in the column 4. When discounting, previously calculated PGS is used and it is discounted according to the zero period by using the following formula: t d k k PGS DIK IK 100 ( ) 1 ,
12 whereby, DIKk means discounted loan payment in a certain period, IKk means loan payment is a certain period, while other symbols have the meaning referred to as in the point 13. Sum of discounted loan payments: k UDIK DIKk , which is used in calculation of the effective interest rate described in point 13, is on the cross section of the row Total and column Discounted loan payments. 15. Discounted flows of cash collateral – this column includes discounted values of cash collateral flows referred to in the column 10. Previously calculated PGS is used in discounting and it is discounted according to the zero period using the following formula: t d k k PGS DTSP TSP 100 ( ) 1 . whereby, DTSPk stands for discounted flow of cash collateral in a certain period, TSPk cash collateral flow in a certain period, while other symbols have the meaning referred to as in point 13. Sum of discounted cash collateral flow: k UDTSP DTSPk , which is used in calculation of the effective interest rate described in point 13, is on the cross section of the row Total and column Discounted cash collateral flows. Repayment plan that is distributed to the customer should not encompass supporting columns 12 to 15 and annual interest rate of loan expenses that are used for effective interest rate calculation. Repayment plan that is attached to the loan documentation includes these supporting columns, as well as PGS. There is no need for filling blank columns. Obtained effective interest rate shall be shown in repayment plan with two decimals, rounding up to the second decimal and it should not be less noticed than other data. As a rule, the effective interest rate at least equals to the agreed nominal interest rate. Exceptionally, if the effective interest rate, calculated in line with the provisions of this Decision, is lower than the agreed interest rate or cannot be calculated (e.g. due to relatively high cash collateral amount, serving as loan collateral in relation to the amount of that loan) the creditor is obliged to inform the customer and provide explanation on the reasons why the effective interest rate is lower, i.e. why it does not have economically logical explanation (e.g. when it has negative value or when it cannot be calculated). Repayment plan shall include currency of the reported cash amounts. Repayment plan is not needed for loans on current account (so called “allowed overdraft”) since these loans are repaid from the inflows that arrive first on the
13 customer’s account. For the purpose of calculating and reporting effective interest rate that refers to these loans, only nominal interest rate is included in calculation. If creditor is charging different interest rates for different amounts of allowed overdrafts, it is necessary to calculate and report whole scale of imputed effective interest rates, with precise guidance of marginal amount of overdrafts up to which certain effective interest rate is applied. Creditor is also obliged to inform the customer on other possible fees, commissions and similar cash flows related to this type of loan. These rules also apply to all other framework loans such as revolving framework loan on credit cards, etc. If the dates of the withdrawal of funds cannot be determined in advance for agreed framework credit lines, any withdrawal of funds is considered a special loan, for which repayment plan with reported effective interest rate is developed. If certain loan is granted in several instalments, fee for signing the agreement, maintaining the account and other fixed fees or those fees that are tied to the total amount of loan, should be divided by individual instalments proportionally by their amount, and than imputed proportional portions of these fees and commissions should be included in effective interest rate calculation on actual maturity date. There is no need to develop repayment plan, or to report effective interest rate for acceptance loans, factoring and financial leasing, for loans on credit cards that are distributed and signed on selling places as well as for mandatory operations. IV. Calculation of effective interest rate on deposits using repayment plan Effective interest rate on deposits is calculated using deposit payoff plan (the form of the deposit payoff plan is attached to the methodology), applying the method of attempt and linear interpolation using calculator or other appropriate computer software. The process is identical to determination of general internal rate of return. The deposit payoff plan (hereinafter: payoff plan) contains the following columns:
14 5. Other payments – this column includes other payments that the depositor (owner of the funds) executes upon depository’s request, based on depository’s internal regulation (e.g. account maintenance fee). 6. Deposit amount for payoff – this column includes amount of deposit that is paid out as at the date when it is certain that the payoff will be made (e.g. after the expiry of time deposit agreement). 7. Interest rate amount – this column includes interest rate amount to be paid in contractual periods. 8. Payments on deposit – this column includes clients’ indebtedness that is suspended against the deposit (e.g. suspension of the account maintenance fee). 9. Other payoffs – this column includes other payoffs that the depository is paying to the depositor per each deposit (e.g. payment of the deposit premium conditioned by fulfilment of certain conditions by depositor, or other similar payoffs). If the depository pays particular deposit premium (bonus), it is obligatory to state the percentage or the flat rate of the premium in the payment plan. 10. Deposit balance – deposit amount in particular period is written in this column. It is equal to the amount of paid deposit increased by assigned interest rate, i.e. other imputes and then decreased by fees that the depository suspends from that account. For accounting effective interest rate, it is considered that total amount of deposit with assigned interest rate is paid after the expiry of the time deposit agreement. 11. Description – includes summary of cash flow in particular period. 12. Net cash flow – is a sum of paid deposits (column 4) and other payments (column 6) (positive cash flow), decreased by sum of the deposits for payoff (column 7), interest rate amount (column 8) and other payoffs (column 10) (negative cash flow) during a particular period. For the purpose of this Methodology, payments on the behalf of the customer (column 5) and payoffs by deposit (column 9) do not enter into the calculation of the net cash flow. All amounts in columns 4 through 11 are reported by positive sign. Net cash flow may be positive or negative sign, where positive sign marks net inflow of funds in the depository (payments) and negative sign marks net outflow of funds from the depository (payoffs). For the needs of calculation of effective interest rate, it is considered that the depositor after the expiration date of time deposit shall withdraw available deposit with assigned interest and other payments (such as premium). 13. Discounted net cash flow – this column includes amounts generated by discounting net cash flows from column 12 with required effective interest rate using the following formula: t d k PGS NNT 100 1 .
15 NNTk means net cash flow in particular period, while PGS in discounted factor means effective interest rate; d/t in the exponent means the sum of the following components: part of number of days starting from the zero period to 31 December of the same year in number of days in year of the zero period, the number of years between the year that is discounted and the year of the zero period without counting the two mentioned years, and Part of number of days from with date of the period of cash flow that is discounted to 31 December of the previous year, in number of days of cash flow that is discounted. Mathematical formula for calculation of d/t may be expressed as follows: ( ) ( ) ( ( ) 1).12.31. ( ) (0) 1 (0) (0).12.31. (0) t k dat k yyyy k yyyy k yyyy t yyyy dat t d t(0)= 1+yyyy(0).12.31.-yyyy(0).01.01. t(k)= 1+yyyy(k).12.31.-yyyy(k).01.01. Dat(0) is the date of the zero period and dat(k) is the date of the period of the cash flow that is discounted. Formulas in Excel files may be used for calculation (with the dates in the format given above). D/t represents number of years (not necessarily the whole) between the dates of the zero period and the date of cash flow that is discounted is given, i.e. length of that period is expressed in years. Since EKS is effective interest rate that needs to be calculated, the text below explains the process of its calculation. The payoff plan ends with category Total, which is determined after the last cash flow in the last period. All discounted net cash flow from particular periods are summed in that row of the column Discounted net cash flow. Effective interest rate is approximate solution of the following equation, rounded up to the second decimal. 0 100 1 t d k k EKS NNT . Method of attempt and linear interpolation may be used for the calculation of this equation, using calculator or appropriate computer programme. The resulting effective interest rate is reported in Repayment plan, with two decimals and rounding up to the second decimal and it may not be less visible than other data. Payoff plan that is given to the client should not contain supporting columns 12 and 13 that are used for calculation of the effective interest rate. The payoff plan that is attached to deposit documentation includes these columns. Blank columns need not be filled in. Repayment plan includes the currency in which the amounts are reported.
16 Repayment plan is not needed for transaction accounts, and savings and demand deposit; it is enough to note in the deposit agreement that the effective interest rate is equal to nominal interest rate. In this case, only nominal interest rate is included for the purpose of calculating and reporting effective interest rate. If a depository is charging different nominal interest rates for different balances on these accounts, it is necessary to calculate and report the whole scale of assigned effective interest rates, with precise guidance of marginal amount on these accounts up to which individual interest rate is applied. The depository is obliged to inform the client on possible other fees, bonuses and similar cash flows regarding these accounts.
17 Creditor: LOAN REPAYMENT PLAN Address: Phone/Fax Currency Annuity Annual interest ratePGS (%) Effective interest rate (%): Loan amount Nominal interest rate (%) Fixed/ Variable Period Net cash flow Date Loan Other payoffs Annuity Instalment Interest Other expense s Loan balance Cash collateral flows Descrip tion Net cash flow Discounted net cash flow Discounted loan payments Discounted flows of cash collateral
18 Credit institution: DEPOSIT REPAYMENT PLAN Address Phone/Fax: Currency: Effective interest rate (%): Deposit amount: Nominal interest rate (%) Fixed/ Variable Premium (%) Period Date Deposit amount Payments on behalf of customer Other payments Deposit amount for payoff Interest rate amount Payment s on deposit Other payoffs Deposit balance Description Net cash flow Discounted net cash flow