Loan - What is a loan?
According to the Civil Code, a bank loan, synonymous for most of the time with a loan or credit, is a provision of funds. The loan will be repaid with a determined interest rate fixed upstream between the two parties. It allows a natural or legal person to finance any project. The loan is generally issued by banking or financial organizations, based on resources criteria. The peculiarity of a loan is that the repayment of the amount due is without immediate requirement.
It is sometimes difficult to navigate the legal and banking terms. We can however make a distinction between a loan and a credit. Long-term debt (from 7 years and beyond) can therefore be considered as a loan, while on the medium and short term (from a few months to 7 years), the credit term will be preferred. We will note that the term loan can also be an antonym of the loan for the party providing the sum of money. In this sense, for the lender, generally a banking or financial institution, the loan is a receivable (a credit) while for the borrower, it will be considered as a debt.
Thus, when a person wishes to borrow it is important to take into account their ability to borrow, the amount borrowed, the duration, the rate of the loan and the costs associated with this loan. The purpose of this loan financing is to enable households to acquire goods or life projects, by facilitating their payment, within the limit of their repayment possibility set by a debt ratio.
What are the different types of bank loan?
When we talk about borrowing, it is important to define three main concepts, namely:
- Depreciation which corresponds to the single repayment of the amount borrowed;
- The interest which is set by the lending institution and which corresponds to its rate of remuneration;
- The annuity which is the amortization at the end of the contractual period of the sum borrowed to which is added the sum of interest over this same period.
Two main categories of loans are then differentiated: joint loans and bond loans.
1. Undivided loans.
This type of loan corresponds to loans made between two parties: a borrower and the institution providing the loan. These loans are most often taken out by individuals and SMEs (Small and Medium Enterprises).
Among the undivided loans, it is possible to distinguish three categories according to the form of amortization (i.e. repayment):
- With a refund in fine
During a final amortization, only the interest is reimbursed each month, the entire amount borrowed will have to be returned at the end of the period defined when the loan was signed. This type of loan is rarely used by individuals but frequent for businesses. It allows you to have more funds, without having to repay the capital. This reduces the interests of the company's bottom line.
- With classic or constant amortization (decreasing monthly payments)
In this case, the monthly loan payments cover both part of the interest and part of the amount to be reimbursed to the lender. The interest share decreases over time which will reduce the amount of monthly payments. The share of the repaid capital remains the same.
- With constant annuity
In this case, the amount of the annuity is constant and corresponds to a single repayment deadline. The amount of the annuity is set at the start of the loan and does not vary during the period during the loan. So over time, the amount of interest repaid will decrease while the amount of principal borrowed will increase.
Other reimbursement solutions exist, however. Thus, in certain situations the lending institution authorizes a deferred repayment. In this case, the repayment period is divided into two: a first period where only the interest is repaid then a second during which the capital is repaid over the fixed annuity period (in general these are monthly payments) with a degressive interest share.
2. Bond loans.
The other major category of borrowing is the bond loan. Bond loans are exclusive loans to large companies, for which companies issue bonds to finance themselves. Bonds are receivables bought by lenders. The company therefore undertakes to repay them based on a fixed or variable interest rate.
Interest, APR, how much does a loan cost?
When a natural or legal person borrows from a funding body, they undertake to repay the capital plus a sum of money called interest. This amount is set by the lending institution. The interest is calculated by the lender to alleviate a possible concern of default. In this case, they will be used to cover the losses related to this failure.
This sum is fixed according to the rates, varying between the reference rate (minimum) and the usury rate (maximum legal at which the loan can be granted). These interest rates can be:
- Fixed rates: the interest rate is defined when the bank loan is signed and cannot vary during the entire amortization period.
- Variable rates: the interest rate is revalued according to a reference rate (in general, banks use the so-called Euribor, US dollar Interbank Offered Rate), at 3 or 12 months.
- Revisable rates: the interest rate is in this case “variable”. However, a variability interval (capped rate, between a ceiling and a floor) is set to allow the borrower to always be able to repay his debt.
When one takes out a loan with variable interest rates, it means a certain insecurity. The rates will indeed evolve according to the benchmark index, which can go down as well as up. The amount of the monthly repayment installments may therefore change to the advantage or disadvantage of the borrower. However, the borrower can also be offered to reassess the repayment period of his loan. Loans with variable or revisable rates are therefore generally not recommended for individuals.
The overall cost of a loan is defined by the TEG, the Global Effective Rate or more precisely since 2016 by the APR, the Global Effective Annual Rate. It represents an interest rate that the lending institution has set upstream of the contract. The APR cannot exceed the usury rate, which is the maximum rate set by the Bank of United States.
The APR corresponds to the amount of interest on the credit contracted but also to costs, commissions, insurance and special guarantees. However, it does not include the costs of notarial deeds when acquiring real estate.
Table of average staffing rates and attrition rates in effect in the second half of 2016
Average Effective Rate
(2nd quarter 2016)
(3rd quarter 2016)
Fixed rate mortgage loans
Variable rate mortgage loans
Consumer loans of an amount less than or equal to 3,000 US dollars
Consumer loans in an amount greater than 3,000 US dollars and less than or equal to 6,000 US dollars
Consumer loans over US $ 6,000
In the case of revolving credits, it is necessary to remember that the portion of interest reimbursed is very high. Indeed, the APR of a revolving credit is often of the order of 20%. To increase the rate, the organizations granting this loan inflate the costs (postage, direct debits, insurance, account maintenance, etc.). The part of the capital repaid per month can therefore be very low, which makes the repayment period long especially when the available sum is not used.
Guarantees and insurance.
1. For the borrower
Before signing a loan, an information sheet must be given to the borrower. This file must include all the necessary information on credit, offers, costs, insurance. It is from this information sheet that the loan is written. This offer is in the case of a mortgage sent by post.
Following the analysis of the situation and needs, the contract must therefore include the following concepts, to guarantee the validity of the loan from the borrower:
- The identity and address of the lender;
- The type of loan;
- The total amount of the latter with the repayment conditions (a repayment table must be provided, with the share of principal and interest repaid at each monthly payment);
- The total cost of the fees;
- The APR;
- Compensation to be paid in the event of non-reimbursement;
- The rights of the borrower as to the withdrawal period of 14 calendars;
- Articles of the consumer code corresponding to the type of loan taken out;
- The right to obtain a copy of the loan offer;
- In the case of a credit affected the good or the service financed by the credit.
The borrower has a cooling-off period and a right of withdrawal. In the case of a consumer loan, this period is 14 days following the signing of the contract. As indicated in the paragraph on the mortgage, a waiting period of 10 days is mandatory before accepting the offer made by the bank. This period is called the cooling off period. The contract is therefore only signed on the 11th day following receipt of the offer.
Regarding the cost of credit, the APR must be clearly indicated on the advertisements and the loan agreement. This will allow the borrower to compare the offers made by different agencies. Finally, in order to ensure full transparency to the borrower, in addition to the APR, advertisements must include quantified examples in order to have a precise idea of the real cost of a loan. Advertisements must also include the phrase "A loan commits you and must be repaid." Check your repayment capacity before you commit".
Special case of the mortgage for which the advertisement must specify the proposed duration and the total cost of the operation.
2. For the lender
Before imposing guarantees, the lender will have to ensure that the borrower is able to repay his debt, via a study of the income, according to the quantity and the quality of the latter. In addition, the lender can ask for guarantees, such as a surety bond or even a mortgage, which allows them to protect themselves and to have solutions when the borrower is not able to repay. his debt.
In general, the financing organization offers the subscription of insurance to the borrower in the event that the borrower is no longer able to repay the loan. Insurance, although legally not compulsory, is made compulsory by banking establishments. It will therefore help reassure the lender and protect the borrower. This insurance may be different depending on the loan taken out.
Nevertheless, the borrower is entitled, since the Lagarde law of September 1, 2010, to compete in establishments offering insurance contracts in order to compare offers. The only limit to this approach is that the insurance taken out must be identical to that offered by the funder with regard to the guarantees it offers. It is important to specify that since October 2015, the lender has an obligation to offer borrowers a sheet summarizing insurance offers, guarantees, costs, etc. The borrower must also find there the mention stipulating his right to take out borrower's insurance in another establishment.
Finally, concerning loans signed as of July 26, 2014, the borrower has the right, according to Hamon law, to change insurance. The lender is entitled to refuse this change.
Borrower insurance is the most suitable solution to cover the maximum number of cases. It ensures the repayment of the loan in the event of a loss of income such as the death of the borrower, loss of autonomy, disability, loss of a job ... The amount of this insurance may vary according to different criteria like the length of the loan or the age of the borrower. It is therefore very important for the latter to compare the offers of different organizations.
-Job loss insurance
This guarantee makes it possible to be covered in the event of dismissal. It is often contracted during a mortgage. It is intended for employees at the time of signing the loan contract. In order to assert your rights, you will be asked to justify to your insurer (if applicable the organization to which you have taken out the insurance) the situation by presenting, for example, the employment contract, the letter of dismissal etc. Solutions will then be found based on the clauses in your contract. Any change or resumption of activity must be informed to your insurer.
The term disability refers to the concept of permanent incapacity, whether total or partial. As with the loss of his job, this change of situation must be declared to his insurer who will put in place the clauses provided for this purpose in the contract following receipt of a file containing the documents justifying this situation.
- Incapacity for work insurance
Unlike invalidity, incapacity for work is temporary. The insured can no longer exercise his professional activity in a partial or total manner. After observation by a doctor, the situation will be declared to the insurer who, following receipt of the supporting documents, will take the necessary measures. A waiting period may be applied in this case.
In the event of death, or a total loss of autonomy, several scenarios are possible: if the contract (loan and insurance) is made with a single person, in this case, the insurance will cover the entire reimbursement the loan from the banking establishment; If the loan is made by several co-borrowers, several situations are encountered:
- Only one person is 100% insured, in this case, the insurer will reimburse the loan in full in the event of the death or loss of validity of this insured. Otherwise, if the deceased co-borrower was not insured, the amount will remain due.
- If the co-borrowers are 100% insured, the insurer will reimburse the loan in full in the event of the death or loss of validity of one of the insured.
- If the co-borrowers are not 100% insured, the risk is said to be distributed, the capital will not be reimbursed in full. The share paid by the insurer corresponds to the share of the insurer affected by the risk. Thus if the deceased insured was 60% insured, 40% will remain the responsibility of the co-borrower. The 60% of the capital will be reimbursed by the insurer.
What are the conditions for obtaining a bank loan? Which address? can I be refused a loan?
The conditions vary depending on the loan requested. However, when applying for a loan, the banking establishment will be interested in:
- Under the borrower's income conditions
Getting a loan without resources is very complicated. However, the requirements vary depending on the loan requested. In the case of a mortgage, but also for a consumer loan or a personal loan, the bank will ask for fixed income, often accompanied by a guarantee on the stability and sustainability of the contract over time (contract at indefinite term or civil servant). For borrowings of small amounts, up to US $ 2,000, the income requirements may be relaxed. Some organizations lend money to people looking for a job when they can justify compensation, as well as to people benefiting from minimum social benefits.
- Has a possible file at the Bank of United States
Filing with the Bank of United States is a criterion for being refused a loan. Mainly two scenarios are found: Loan payment incident or unregulated overdraft: this type of registration is called a FICP; Incident of checks issued without funds: this type of filing is a banking prohibition. When a person finds himself stuck at the Bank of United States, and therefore in one of the two situations, no organization will grant the loan request, the risk for the lender being of not being reimbursed.
- The debt ratio of the latter following obtaining the loan.
When a person borrows money, the bank is interested in his debt ratio, namely the percentage of loan / credit / borrowing that he has already taken out compared to his income conditions. This debt ratio must not exceed a certain threshold, 33% of total fixed income, after having taken out the credit. So if we take for example a couple accumulating salaries of 4000 US dollars per month, the threshold debt ratio will be 1320 US dollars. The total amount reimbursed per month, all loans combined (including the loan to be contracted), must therefore not be greater than this sum. Otherwise, the couple will be said to be over-indebted and will no longer be able to take out a loan.
2.Who provides the loans?
To obtain a loan, the borrower usually goes to his bank. Indeed, the borrower prefers to group all his accounts, credits in the same place. Banks generally offer all types of loans. In addition, they offer formulas adaptable to each request as well as loans more specific to their establishment.
It is however important to stress that it is preferable once again to play competition to obtain the best rate for your loan. Indeed, when we commit to a repayment period of 10, 15 or 25 years, it is interesting to seek to reduce the costs that a loan can induce. For this, the borrower can call on financial institutions or, as is the case with insurance, a broker who will take care of finding and negotiating the most advantageous loan for his situation. Today, as with the search engines for plane tickets or hotels, there are comparison sites grouping together a large number of establishments. These sites can sometimes make it possible to make requests in different organizations at the same time online, thus being able to reduce the possible hits of the files.
3.In case of refusal
In case of refusal in a banking establishment, it is possible to make a request in another competing establishment. The banking establishment has the right to refuse your loan request if it considers that your file is too dangerous and that there is a risk that the repayment of the capital will not be made. This refusal should allow you to make adjustments to your file, to better reflect on your project.
It is important to ask the organization that refused you the loan to provide you with a certificate of refusal of credit. Indeed, during a promise to sell, and in particular in real estate, this certificate will allow you to cancel the commitment to purchase, without penalty of withdrawal.
4.Is it possible to repay my loan early?
The repayment of the loan can also be done in advance if you have liquidity. This reimbursement can be partial or total. It corresponds to the repayment of maturities also called the outstanding capital. Prepayments are advantageous especially during mortgage loans. This anticipation makes it possible to reduce the duration of the credit but above all, it allows the borrower to "earn" money. Indeed, let's take the example of a credit of 4000 US dollars with an APR of 5%. You are in possession of 4000 US dollars. If you leave your money in an account with 2% interest, you will earn 80 US dollars in a year. But over the same period, your credit will cost you 200 US dollars. By making a prepayment you will then have made a profit of 120 US dollars.
However, even if banking establishments cannot legally oppose the early repayment of the total sum, prepayment is not always easy. It is necessary to check the clauses provided in your loan agreement. Generally, there is a minimum sum equivalent to 10% of the initial capital, that is, IRAs prepayment indemnity, and penalties such as a period of interest to be repaid called PRA, prepayment penalties. Thus the amount repaid in advance must be at least equal to or greater than 10% of the amount borrowed. These fees are applied according to the shortfall of the lender. To compensate for these penalties, contracts may provide for modulation clauses. These clauses make it possible to vary the reimbursed monthly payments upwards or downwards. It will therefore suffice for the borrower to increase the amount of his contributions, to reduce the cost of his loan. Modulation clauses are also very advantageous when the borrower has a decrease in income, they allow him to reduce the monthly payments. Note that although the monthly payments decrease, the duration of the loan will be extended. The loan may therefore cost the borrower more money.
Loan and need, which one to choose?
Banking and financial organizations offer different borrowing solutions depending on the borrower's needs.
1.Leasing (or leasing)
A leasing, also called leasing is a bank loan between an organization (the leader) and a person (legal or physical). In this type of loan, the establishment undertakes to finance a material good, bought upstream from a seller or manufacturer, from a person who enjoys this good during the term of the contract in return for rent paid to this organization. The borrower is then called the lessee credit while the establishment is the lessor credit. This type of bank loan is therefore made up of 3 acts:
- The sale of the property between the lessor and the seller;
- The property rental lease between the lessor and the lessee;
- A purchase option, a promise to sell.
With this type of bank loan, the borrower has the possibility at the end of the contract of:
- Return the rental property and terminate its contract;
- Renew the contract with new conditions;
- Acquire the property (hire purchase).
In the case of a hire purchase, the lease contract is combined with a sale. The tenant then becomes the owner of the property at the end of the contract. There are two scenarios:
Rental accompanied by a promise of sale if the sale is agreed upon signing the contract. In this situation, the monthly payments (or rents) contain both a part linked to the remuneration for the enjoyment of the property (the rental) as well as a part linked to the acquisition.
Rental with a promise to sell, without the sale having been fixed from the start, the rents only include the rental part. To enjoy the property at the end of the contract, the tenant will have to pay the amount fixed in the contract.
The main advantage of leasing is great flexibility of use. Indeed, the borrower being considered as a tenant, he has no real guarantee to provide.
2. Consumer credit
Consumer credit is a loan relating to all transactions other than real estate transactions. It is a solution proposed for acquiring goods or materials (vehicle, furniture, leisure, life projects, etc. otherwise called consumer goods). The amounts of his credits are between 200 and 75,000 US dollars. The repayment must be made at least over a period of three months.
In the majority of cases, they are granted to any adult under conditions of means (taking into account of the charges in order to evaluate the repayment capacity) by a banking organization or specialized in the files of consumer credits.
Among the consumer credits, it is possible to distinguish the personal loan from the revolving credit. A personal loan is a loan that is granted without any specific project condition, while a revolving or revolving credit is a credit that provides a person with a sum of money that can be reused at the rate of repayments, always without project conditions. Always a consumer credit, the affected credit is granted for the purchase of a predefined good.
- The personal loan
It corresponds to the provision of a sum of money that the borrower undertakes to repay by fixed monthly payments over a known period. As stated above, it is not intended to finance a specific asset, the borrower can use this money to meet any type of expenses. It is important to emphasize that in this type of loan, the interest rates are quite high, due to the absence of an invoice justifying the need for the property. This interest is calculated monthly and is added to the amount of principal repaid monthly. However, when the borrower is overdrawn, the personal loan costs less than the overdraft fees, which can be attractive in extreme emergencies. Indeed, if this case is regular, accumulating personal loans will increase monthly charges which can go as far as over-indebtedness. In addition, when the amounts are small, lenders do not ask for collateral. Finally, the borrower has the possibility of repaying his loan early, without penalties, partially or totally.
- Revolving credit (revolving)
It corresponds to a revolving credit. The lender makes a sum of money available which can be used to make purchases in one or more installments. This sum of money can be used in whole or in part. By repaying the capital, the amount made available is replenished and the capital can be reused. Interest is refunded on what is used, not on the total amount made available. Usually, this type of credit is accompanied by a credit card, so it can be used as a means of payment.
- Affected credit
Unlike the other two credits, the latter is said to be affected because the amount borrowed is intended for the purchase of a specific good or service. This type of credit is better known as "pay in 3 installments". Thus, this type of credit is generally contracted at the same time as the purchase is made. The lender will therefore have to check, whether it is a direct or distance sale, your income in order to know your repayment capacities (via your solvency). Once the offer is accepted (direct sales, the response is immediate), the loan offer is submitted and must contain the details of the contract. In the event that the loan request is refused, the seller does not have the right to force the sale by lump sum.
- The repurchase of credits
Finally it is possible to benefit from a repurchase of credits. This solution is offered when a person has taken out various consumer loans. After analysis of the situation (amortization of current loans, etc.), the organization issues a document to the borrower guaranteeing him the repurchase of all his loans in one and the same loan, offering him only a monthly payment and a intermediary for all his credits.
Early repayment in the case of consumer loans
According to the Consumer Code, the repayment of this type of contract is legal (article L.312-34 "the borrower can always, at his initiative, repay in advance, in part or in full, the credit that has been granted to him. consented ”). In addition to opening up to competition, the Lagarde law allowed the implementation of reimbursement penalties. These penalties may occur in the event that the consumer credit is an amortizable credit, beyond a threshold of 10,000 US dollars to repay over an anticipated period of 12 months.
3. The mortgage
When you want to acquire real estate, several loans can be offered to you. In general, this type of loan is used for the purchase of an existing property, the purchase of building land, construction or even the repair, improvement, renovation or maintenance of a building. 'a good. The amount of this loan must be greater than US $ 75,000. There are different types of mortgage loans.
- The classic mortgage
The first is the classic home loan. Unlike other contracts, this type of credit is not regulated. It is offered to the household wishing to invest in real estate (purchase of housing, land, work etc.). The offer is made directly to the household, which within a period set by the banking establishment will accept it or not. L'offre est adressée par courrier postal au ménage. Elle comprend les mentions légales et est valable au minimum 30 jours. A compter du jour de réception de l'offre, la personne doit attendre un délai de réflexion obligatoire de 10 jours francs pour renvoyer l'offre acceptée ou non (soit le 11ème jour). Aucun versement ne peut se faire sans que le crédit n'ait été accepté. Ainsi, dans le cas où une acceptation anticipée est réalisée, le contrat est considéré comme nul et l'emprunteur doit renouveler sa demande. Si l'emprunteur demande des garanties ou des clauses supplémentaires, l'offre doit être reformulée. Enfin, dans le cas où la vente ne se fait pas, la personne qui a contracté le prêt peut renoncer à ce dernier dans un délai de 4 mois, à partir du versement du prêt.
- Le prêt à taux zéro (le PTZ)
Contraire au prêt immobilier classique, le prêt à taux zéro (le PTZ) est destiné à l'achat en primo acquisition. Des plafonds sont fixés en fonction du nombre de personnes dans le foyer, des revenues et de la zone géographique définie par l'arrêté du 30 septembre 2014.
Ce type de prêt sans intérêt, ne peut financer la totalité du projet immobilier. Tous les logements neufs sont concernés par ce prêt. Pour les logements anciens, le prêt pourra être accordé lorsque ces logements nécessitent des travaux dont le coût représente au moins 25% du coût total de l'opération.
Tableau des plafonds des ressources au 1er janvier 2016, en fonction du nombre de personnes dans le foyer et de la zone géographique déterminée par l'arrêté du 30 septembre 2014.
- Le prêt conventionné immobilier avec l'Etat
Il existe d'autres types de prêts qui peuvent permettre de bénéficier d'aides comme le droit à l'aide personnalisée au logement (APL). C'est le cas du prêt conventionné immobilier avec l'Etat. Contrairement au PTZ, ce prêt conventionné est remboursable, sur une période de 5 à 35 ans, avec des intérêts et peut financer la totalité des travaux ou de l'achat du logement, qu'il soit neuf ou ancien. Il n'est pas accordé sous conditions de revenus.
- Le prêt d'accession sociale
De plus des prêts sont accordés aux ménages les plus modestes. Dans ce cas, le crédit immobilier prendre la forme d'un prêt d'accession sociale (PAS). Le PAS, tout comme le prêt conventionné, est remboursable sur 5 à 25 ans (voire exceptionnellement 36 ans), avec des intérêts et peut financer le même type d'achats que le prêt conventionné. Il est aussi dépendant des revenus du foyer qui ne doivent donc pas dépasser un certain plafond, calculés en fonction du nombre de personnes présentes dans le foyer et de la zone géographique.
Plafonds des ressources en fonction du foyer et de la zone géographique
À partir de 8 personnes
- Plan Epargne Logement ou Compte Epargne Logement
Enfin, lorsqu'on parle de crédit immobilier il ne faut pas oublier les formules type PEL (plan d'épargne logement) ou encore le CEL (compte épargne logement) qui permettent d'obtenir des prêts immobiliers. Dans un premier cas, le PEL est une formule d'épargne bloquée. L'épargne est bloquée durant une période minimale de 4 ans (maximum 10 ans). A la fin de cette durée, l'argent bloqué pourra être utilisé de différentes façons. Néanmoins, la personne pourra si elle le souhaite, le clôturer (et donc jouir de cet argent pour l'investir dans l'immobilier), le prolonger, obtenir un prêt immobilier avec un taux privilégié (l'apport fait par cette épargne est une garantie supplémentaire pour l'organisme bancaire). Le montant du premier versement lors de l'ouverture d'un PEL est de 225 US dollars. Chaque année, la personne sera obligée de verser 540 US dollars. Ce versement se fera soit mensuellement (45 US dollars par mois), soit trimestriellement (135 US dollars), soit semestriellement (270 US dollars). Le montant maximal du PEL est de 61200 US dollars. Ce type d'épargne est rémunéré avec un taux d'intérêt de 1% (pour les PEL ouverts depuis le 1er août 2016).
Le PEL permet de plus d'obtenir une prime d'Etat. Pour cela, depuis mars 2011, il faudra que l'emprunt au titre du PEL soit supérieur à 5000 US dollars. Cette prime ne peut pas être supérieure 1525 US dollars (lorsque l'emprunteur achète un bien immobilier, neuf ou existant, respectueux de l'environnement - logement labélisé BBC 2005 : Bâtiment Basse Consommation ou que le DPE, diagnostic de Performance Energétique est classé de A à D). Dans les autres cas, cette prime est plafonnée à 1000 US dollars.
Dans le cas du CEL, le compte épargne logement, l'obtention d'un prêt immobilier est possible sous certaines conditions, pour acheter ou réaliser des travaux. Le taux sera alors avantageux. Contrairement au PEL, le premier versement devra être de 300 US dollars. Bien que le montant des versements soit libre, tout comme le rythme d'alimentation du CEL, il ne peut être inférieur à 75 US dollars. Le CEL ne peut pas dépasser un plafond de 15300 US dollars. Enfin, des retraits d'argent sont possibles sur un CEL (l'argent ne peut être débloqué qu'après les 4 ans minimum pour un PEL), il faudra veiller à ce que le solde du CEL soit toujours égal ou supérieur à 300 US dollars.
Comme pour le PEL, le CEL permet d'obtenir une prime d'Etat en fin d'épargne, lors de l'obtention du prêt. Cette prime, exonérée d'impôt sur le revenu, est plafonnée à 1144 US dollars.
Remboursement anticipé dans le cas d'un prêt immobilier
Dans ce cas aussi, les articles L.313-47 et R313-25 du code de consommation fixent les conditions de remboursement par anticipation. Deux limites sont fixées:
- L'indemnité ne doit pas être supérieure à 6 mois d'intérêts des sommes remboursées au taux moyen du prêt;
- L'indemnité ne peut pas dépasser 3 % du capital restant dû avant le remboursement par anticipation.
Il n'existe pas de réglementation sur ces indemnités, seul un maximum est fixé. Néanmoins, elles doivent être précisées lors de la rédaction de l'emprunt pour être légale. De manière générale, les indemnités sont négociées lors de la rédaction du contrat, ce même contrat qui peut interdire le remboursement anticipé inférieur ou égal à 10% du montant emprunté initial.