Limitation of Fees and Interest Rates
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1 Limitation of Fees and Interest Rates This document relates to the Regulations on the Review of Limitations of Fees and Interest Rates, published the Government Gazette No on 6 November Take note: The new Regulations will come to effect on 6 May We combe trusted advice, quality data, trag, world-class analytics and novative applications to help you make smart busess decisions throughout the credit life-cycle. Compuscan is a registered credit bureau terms of the National Credit Act (NCA). NCR No: NCRCB6 Tel: +27 (21) National Number: fo@compuscan.co.za
2 BACKGROUND Limitations on Fees and Interest Rates now effective On Friday 6 November 2015, Rob Davies (Mister of Trade and Industry) announced the publication of new Regulations on Review of Limitations on Fees and Interest Rates. This follows the Government Gazette Notice vitg the public to submit comments response to the Draft Regulations, which were published on 25 June The newly published regulations will come to effect on 6 May 2016 and stipulate maximum prescribed terest rates relatg to: Mortgage agreements Credit facilities Unsecured credit Developmental credit agreements (small busess and low come housg) Short-term s Other credit agreements Incidental credit agreements Note: The Regulations clude changes to maximum itiation and service fees for the above mentioned categories. Download the Regulations here Further update: Proposed caps on credit life surance charges South African credit providers can prepare to cut credit life surance charges (paid by consumers to the credit provider) to no more than R4.50 per R1 000 (borrowed), followg the publication of Draft Credit Life Insurance Regulation on Friday 13 November 2015 Click here to read more & download the Draft Regulations
3 Comparison of the PREVIOUS and NEW Regulation 42(1) TABLE A: Maximum Prescribed Interest Rates Sub-sector Mortgage agreements Previous maximum prescribed terest rate New maximum prescribed terest rate Calculated previous maximum prescribed rate Calculated new maximum prescribed rate [(RR x 2.2) + 5%] per year RR +12% per year 18.20% 18% -0.20% Credit facilities [(RR x 2.2) + 10%] per year RR + 14% per year 23.20% 20% -3.20% Unsecured credit s Developmental credit agreements [(RR x 2.2) + 20%] per year RR + 21% per year 33.20% 27% -6.20% - for the development of a small busess - for low come housg (unsecured) Short term credit s [(RR x 2.2) + 20%] per year RR + 27% per year 33.20% 33% -0.20% [(RR x 2.2) + 20%] per year RR + 27% per year 33.20% 33% -0.20% 5% per month 5% per month on the first loan; and 3% per month on subsequent loans with a calendar year 5% 5% and 3% Depends on the sequence of the loan Other credit agreements Incidental credit agreements [(RR x 2.2) + 10%] per year RR +17% per year 23.20% 23% -0.20% 2% per month 2% per month 2% 2% 0% Repo Rate (RR) as at 18 November 2015: 6% per annum Please note that all percentages have been rounded to the second decimal.
4 Comparison OF the PREVIOUS and NEW Regulation 42(2) TABLE B: Maximum Initiation Fees Sub-sector Previous maximum itiation fee New maximum itiation fee base itiate fee amount (a) excess percentage (a) excess amount (a) capped amount (b) Mortgage agreements a) R1 000 per credit excess of R R5 000 (a) R150 per credit R1,000 (a) R1 100 per credit amount excess of R R5 250 R NA NA R Credit facilities (a) R165 per credit amount excess of R1000 R1 050 R15.00 NA NA R50.00 Unsecured credit s (a) R150 per credit agreement, plus, 10% of the R1 000 (a) R165 per credit agreement plus 10% of the amount excess of R1 000 R1 050 R NA NA R50.00
5 Comparison OF the PREVIOUS and NEW Regulation 42(2) Sub-sector Previous maximum itiation fee New maximum itiation fee base itiate fee amount (a) excess percentage (a) excess amount (a) capped amount (b) Developmental credit agreements for the development of a small busess for low come housg (unsecured) Short term credit s Other credit agreements (a) R250 per credit R2 500 (a) R500 per credit R2 500 (a) R150 per credit R1 000 (a) R150 per credit R1 000 (a) R275 per credit amount R2 600 (a) R550 per credit amount R2 600 (a) R165 per credit amount of the agreement R1 050 (a) R165 per credit amount R1 050 R25.00 NA NA R R50.00 NA NA R R15.00 NA NA R50.00 R15.00 NA NA R50.00 Incidental credit agreements Nil Nil NA NA NA NA
6 Comparison of the PREVIOUS and NEW Regulation 43(3) AND 44 [] Words bold type and square brackets dicate the omissions from existg regulations Words underled with a solid le dicate sertions existg regulations Regulation 43. Supplementary conditions on the application of the maximum itiation fee The followg supplementary conditions shall apply on the application of the maximum itiation fee: (1) An itiation fee may be charged at the registration of a replacement mortgage respect of a transfer from one credit provider to another, without there beg a transfer of ownership of the mortgaged property, only if (a) the transfer is done at the request of the consumer; and (b) the levyg of the fee and the amount of the fee has been disclosed to the consumer by the acquirg credit provider before the consumer has agreed to the transfer. (2) No itiation fee may be charged on credit agreements as envisaged section 101 (2). (3) Initiation fee may never exceed 15% of the prcipal debt. (4) An itiation fee must only be charged when a new credit agreement is established with a consumer and must not be charged on a al basis where there is no new credit agreement with the consumer. 44. Maximum service fee [The maximum monthly service fee, prescribed terms of section 105 (1) of the Act, is R50]. The maximum monthly service fee, prescribed terms of section 105 (1) of the Act, is R60 (1) Where an annual service fee is levied, the applicable limit is (a) the monthly limit on the service fee, multiplied by 12, and (b) where the period for which the fee is levied is less than 12 months, the monthly service fee multiplied by the number of months such a period. (2) If a service fee is payable on a basis, or on a combation of periodic and bases, the total of such fees may not exceed the monthly or annual limit. (3) The service fee covers the cost of admisterg a credit agreement which is the operational cost of the credit provider such as rent, labour, communication, bankg, processg of repayments and any other costs related to the admistration of a credit agreement. (4) A service fee must be charged for a calendar month which it is due and payable and on a pro rata basis where the credit agreement was concluded durg the course of that calendar month. The new Regulation 43(4) will have the effect that the itiation fees must only be charged on new credit agreements and not on a al basis where there is no new credit agreement with the consumer. The maximum service fee prescribed terms of section 105(1) creased with R10.00 from R50.00 to R The new sub-regulation (3) and (4) sets out the costs that are covered with the service fee and when the service fee must be charged.
7 Industry examples of new rates and fees TABLE C: Example Table Sub-sector Loan term (Months) Loan amount (R) First loan of the calendar year Max terest rate Max itiation fee Max service fee Mortgage agreements Yes 18% per year R5 250 R60 per month Credit facilities No 20% per year R165 R60 per month Unsecured credit Yes 27% per year R165 R60 per month Unsecured credit Unsecured credit Developmental credit agreement for the development of a small busess Developmental credit agreement for low come housg (unsecured) Short term credit Yes 27% per year R965 R60 per month No 27% per year R1 050 R60 per month Yes 33% per year R275 R60 per month Yes 33% per year R2 600 R60 per month Yes 5% per month R165 R60 per month Repo Rate (RR) as at 18 November 2015: 6% per annum
8 Industry examples of new rates and fees Sub-sector Loan term (Months) Loan amount (R) First loan of the calendar year Max terest rate Max itiation fee Max service fee Short term credit Short term credit Yes 5% per month R865 R60 per month No 3% per month R1 050 R60 per month Other credit agreements Yes 23% per year R1 050 R60 per month Repo Rate (RR) as at 18 November 2015: 6% per annum
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