CENTRAL BANK OF CYPRUS MIRMFI/5 EUROSYSTEM APPENDIX I CALCULATION OF THE ANNUAL PERCENTAGE RATE OF CHARGE1 PART A: BASIC EQUATION EXPRESSING THE EQUIVALENCE OF LOANS ON THE ONE HAND AND REPAYMENT INSTALMENTS AND CHARGES ON THE OTHER K m K 1 K 'm' Ak A' k ' tk ' (1 i ) tk K ' 1 (1 i ) Where: K Serial number of a loan. K' Serial number of a repayment instalment or a payment of charge. AK Amount of loan number K. A'K' Amount of repayment instalment or payment of charge number K'. Σ Symbol of the sum. m Serial number of the last loan. m´ Serial number of the last repayment instalment or payment of charge. tk The interval, expressed in years and fractions of a year, between the date of granting of loan no. 1 and the date of granting of the subsequent loans no. 2 to m. tk' The interval, expressed in years and fractions of a year, between the date of granting of loan no. 1 and the date of payment of the repayment instalment or charge no. 1 to m´. i 1 The annual percentage rate of charge that can be calculated Abstract from the Consumer Credit Law No. 39(I) of 2001, as amended by Laws No. 166(I) of 2001, No. 34(I) of 2002, No. 77(I) of 2002 and No. 33(I) of 2004. 1 CENTRAL BANK OF CYPRUS MIRMFI/5 EUROSYSTEM (either by algebra, by successive approximations, or by a computer programme) where the other terms in the equation are known from the credit agreement or otherwise. Remarks (a) The amounts paid by both parties at different times shall not necessarily be equal and shall not necessarily be paid at equal intervals. (b) The starting date shall be that of the first loan. (c) Intervals between dates used in the calculations shall be expressed in years or in fractions of a year. The year shall be considered as having 365 days or 365.25 days or (for the leap years) 366 days, 52 weeks or 12 equal months. An equal month shall be considered as having 30.41666 days (namely 365/12). (d) The results shall be expressed with an accuracy of at least one decimal place. When rounding to a particular decimal place the following rule shall apply: "If the figure of the decimal place following this particular decimal place is greater than or equal to 5, the figure of this particular decimal place shall be increased by one". 2 CENTRAL BANK OF CYPRUS MIRMFI/5 EUROSYSTEM PART B: 1. EXAMPLES OF CALCULATIONS CALCULATION OF THE ANNUAL PERCENTAGE RATE OF CHARGE ON A CALENDAR BASIS {1 YEAR = 365 DAYS (OR 366 DAYS FOR LEAP YEARS)}. First Example Sum loaned: S = 1000 pounds on 1 January 1994. The sum is repaid in a single instalment of 1200 pounds on 1 July, 1995, i.e. 1 1/2 years or 546 (=365 +181) days after the date of the loan. 1000 1200 546 (1i ) 3 6 5 The equation becomes: or 54 6 (1i ) 36 5 =1, 2 1+i =1, 1296204 i =0.1296204 This amount shall be rounded to 13% (or 12, 96% if an accuracy of two decimal places is preferred). Second example The sum loaned is S=1000 pounds, but the creditor retains 50 pounds for administrative expenses. So that the real loan is 950 pounds. The repayment of 1200 pounds, as in the first example, is again made on 1 July 1995. 950 1200 546 (1i ) 3 6 5 The equation becomes: or 546 (1i ) 365 =1, 263157 1+i =1, 169026 i =0.169026 This amount shall be rounded to 16, 9% 3 CENTRAL BANK OF CYPRUS MIRMFI/5 EUROSYSTEM Third example The sum loaned is S = 1000 pounds, on 1 January 1994, repayable in two instalments of 600 pounds paid after one and two years respectively. 1000 600 (1 i ) The equation becomes: 600 730 (1 i ) 365 600 600 (1 i ) (1 i ) 2 The equation is solved by algebra and produces i = 0, 1306623 rounded to 13, 1% (or 13, 07% if an accuracy of two decimal places is preferred). Fourth example The sum loaned is S = 1000 pounds, on 1 January 1994, and the amounts paid by the borrower are: After 3 months (0,25 years/90 days): 272 pounds After 6 months (0,5 years/181 days): 272 pounds After 12 months ( 1 year/365 days): 544 pounds TOTAL 1088 pounds 1000 The equation becomes: 272 (1 i) 90 365 272 (1 i) 181 365 544 (1 i ) 365 365 The equation allows i to be calculated by successive approximations, which can be programmed on a pocket calculator. The result is i = 0, 13226 rounded to 13, 2% (or 13, 23% if an accuracy of two decimal places is preferred. 2. CALCULATION OF THE ANNUAL PERCENTAGE RATE OF CHARGE ON THE BASIS OF A STANDARD YEAR (1 YEAR = 365 DAYS OR 365, 25 DAYS, 52 WEEKS OR 12 EQUAL MONTHS) First Example Sum loaned: S = 1000 pounds This sum is repaid in a single instalment of 1200 pounds in 1,5 years (i.e. 1,5 x 365 4 CENTRAL BANK OF CYPRUS MIRMFI/5 EUROSYSTEM = 547,5 days, 1,5 x 365,25 = 547, 875 days, 1,5 x 366 = 549 days, 1,5x12 = 18 months or 1,5 x 52 = 78 weeks) after the date of the loan. 1200 1000 (1 i ) The equation becomes: 547.5 365 1200 (1 i) 547.875 365.25 1200 (1 i ) 18 12 1200 (1 i) 78 52 or (1 i)1.5 = 1, 2 1 +i = 1,129243 i = 0,129243 This amount shall be rounded to 12, 9% (or 12, 92 if an accuracy of two decimal places is preferred). Second Example The sum loaned is S = 1000 pounds, but the creditor retains 50 pounds for administrative expenses, so that the real loan is 950 pounds. The repayment of 1200 pounds, as in the first example, is made 1, 5 years after the date of the loan. 950 The equation becomes: 1200 (1 i ) 547.5 365 1200 (1 i ) 547.875 365.25 1200 (1 i ) 18 12 1200 (1 i ) 78 52 or (1 i)1.5 = 1200/950=1, 263157 1 +i = 1, 68526 i = 0,168526 This amount shall be rounded to 16, 9% (or 16, 85% if an accuracy of two decimal places is preferred). Third example The sum loaned is S = 1000 pounds and is repaid in two instalments of 600 pounds paid after one and two years, respectively: 1000 The equation becomes: 600 (1 i) 365 365 5 600 (1 i ) 730 365 600 (1 i) 365.25 365.25 600 (1 i) 730.5 365.25 CENTRAL BANK OF CYPRUS MIRMFI/5 EUROSYSTEM 600 (1 i ) 12 12 600 (1 i) 24 12 600 (1 i) 52 52 600 (1 i) 104 52 600 600 (1 i) (1 i) 2 The equation is solved by algebra and produces i = 0, 13066 rounded to 13, 1% (or 13, 07% if an accuracy of two decimal places is preferred). Fourth example The sum loaned is S = 1000 pounds and the amounts paid by the borrower are: After 3 months (0, 25 years/13 weeks/ 91, 25 days/ 91, 3125 days): 272 pounds After 6 months (0,5 years/ 26 weeks/182,5 days /182,625 days): 272 pounds After 12 months (1 year/ 52 weeks/ 365 days/ 365, 25 days): 544 pounds TOTAL 1088 pounds 272 (1 i) The equation becomes: 272 (1 i ) 91.3125 365.25 272 (1 i) 3 12 272 (1 i) 13 52 272 91.25 365 (1 i) 272 (1 i ) 272 (1 i) 6 12 (1 i) 26 52 544 (1 i ) 365 365 544 (1 i ) 365.25 365.25 544 272 182.625 365.25 182.5 365 (1 i) 12 12 544 (1 i) 52 52 272 272 544 (1 i )0.25 (1 i )0.5 (1 i )1 This equation allows i to be calculated by successive approximations, which can be programmed on a pocket calculator. The result is i = 0, 13185 rounded to 13, 2% (or 13, 19% if an accuracy of two decimal places is preferred). 6 CENTRAL BANK OF CYPRUS MIRMFI/5 EUROSYSTEM PART C: CRITERIA FOR THE INCLUSION OF PAYABLE CHARGES FOR PURPOSES OF CALCULATING THE TOTAL COST OF CREDIT AND THE ANNUAL PERCENTAGE RATE OF CHARGE. Credit Agreements other than Housing Loan Agreements 1. The total cost of credit to the consumer/customer shall be determined, with the exception of the following charges: (a) Charges payable by the consumer/customer for non-compliance with any of his commitments laid down in the credit agreement. (b) Charges other than the purchase price which, in purchases of goods or services, the consumer/customer is obliged to pay whether the transaction is paid in cash or by credit, (c) (c) Charges for the transfer of funds and charges for keeping an account intended to receive payments towards the reimbursement of the credit, the payment of interest and other charges except where the consumer/customer does not have reasonable freedom of choice in the matter and where such charges are abnormally high: Provided that this paragraph shall not apply to charges for collection of such reimbursements or payments, whether made in cash or otherwise, (d) membership subscriptions to associations or groups arising from agreements separate from the credit agreement even thought such subscriptions have an effect on the credit terms, (e) charges for insurance or guarantees other than those designed to ensure payment to the creditor in the event of the death, invalidity, illness or unemployment of the consumer/customer, of sum equal to or less than the total amount of the credit, together with relevant interest of the credit, and other expenses, which are imposed by the creditor as a prerequisite for the granting of the credit. 2.-(a) The annual percentage rate of charge shall be calculated(i) in the case of a credit agreement, at the time the agreement is concluded, (ii) in the case of an announcement or advertisement relating to the 7 CENTRAL BANK OF CYPRUS MIRMFI/5 EUROSYSTEM offering of credit and mentioning the annual percentage rate of charge, at the time of publication of such announcement or advertisement, and (b) the calculation shall be made on the assumption that the credit agreement is valid for the period agreed and that the creditor and the consumer/customer fulfil their obligations under the terms and by the dates agreed. 3. In the case of credit agreements containing terms allowing the variations in the rate value of interest and the amount or level of other charges contained in the annual percentage rate of change but unquantifiable at the time when it is calculated, the annual percentage rate of charge shall be calculated on the assumption that interest and other charges remain fixed and shall apply until the end of the credit agreement. The variability, as mentioned above, shall be indicated with equal prominence to, and along with, the annual percentage rate of charge. 4. In the case of credit agreements containing terms allowing variations in the rate of interest and the amount or level of other charges contained in the annual percentage rate of charge but quantifiable at the time when it is calculated, the annual percentage rate of charge shall be calculated to show the rates applicable, respectively, from specific dates. 5. Where necessary, the following assumptions may be made in calculating the annual percentage rate of charge. (a) If there is no fixed timetable for repayment, and one cannot be deduced from the terms of the credit agreement and the means for repaying the credit granted, the duration of the credit shall be deemed to be one year. (b) unless otherwise specified, where the credit agreement provides for more than one repayment date, the credit will be made available "and the repayments made at the earliest time provided for in the agreement, (c) where the amount of credit to be provided is not specified (i) in the case of a credit agreement concerning a current account, is shall be assumed to be the maximum amount of the credit, and (ii) in any other case, it shall be assumed that the amount of credit is £1000. 8 CENTRAL BANK OF CYPRUS MIRMFI/5 EUROSYSTEM (d) where charges are payable at an unspecified date after the ' agreement is signed, it shall be assumed that they are payable of the beginning at the agreement. Mortgage Housing Loans 1. The total cost of credit to the consumer/customer shall be determined with the exception of the following charges (a) Charges other than the purchase price which the consumer/customer is obliged to pay whether the transaction is paid for in cash or by credit including government duties or taxes on the purchase or acquisition of the property, and fees payable by the borrower to his own agent for the carrying out of legal and other procedures associated with the acquisition of the property, (b) charges payable by the borrower for non-compliance with any of his commitments laid down in the credit agreement, (c) charges for insurance on the life of the borrower or for insurance against property damage which are designed to ensure payment to the creditor (i) of credit outstanding in the event of the death of the borrower, or (ii) insurable damage to the property being the subject of the credit agreement, before termination of the agreement. 2. When necessary, in calculating the annual percentage rate of charge the following assumptions shall be made: (a) That the borrower and the creditor fulfil their obligations arising from the terms of the credit agreement, (b) that in the case of credit agreements providing for fluctuations in the rate of interest or other charges which are unquantifiable at the time of calculation the future rates of interest or charges are the current variable rates which will remain fixed and will apply until the end of the credit agreement. (c) that the borrower is not entitled to any income tax relief or any other 9 CENTRAL BANK OF CYPRUS MIRMFI/5 EUROSYSTEM benefit not granted by the creditor under, or relating to, the transaction. (d) that the charges are payable at the beginning of the agreement, where these are payable at an unspecified date after the agreement is signed. 3. In the case of advertising, the annual percentage rate of charge shall be calculated on the basis of a typical example, where there is no other way. 10