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=S=> BGB 491. 1 The following provisions apply as supplementary provisions , subject to subsections ( 2 ) and ( 3 ) below , to nongratuitous loan contracts between an entrepreneur as lender and a consumer as borrower ( consumer loan contract ) .
=S=> BGB 491. 2 The following provisions do not apply to consumer loan contracts in which the disbursable loan ( net loan amount ) does not exceed 200 euros , which are entered into between an employer and an employee at rates of interest lying below the going market rates , which , in connection with the subsidisation of housing and urban development , are entered into on the basis of public-law approvals or on the basis of grants from public authorities directly between the public law institution awarding the subsidies and the borrower at rates of interest lying below the going market rates .
=S=> BGB 491. 3 In addition , the following do not apply : section 358 ( 2 ) , ( 4 ) and ( 5 ) and sections 492 to 495 to consumer loan contracts incorporated in a court record drawn up in compliance with the provisions of the Code of Civil Procedure [ Zivilprozessordnung ] or notarially recorded , if the record or the notarial instrument contains the annual rate of interest , the costs invoiced when the contract was entered into , and the conditions under which the annual rate of interest or the costs may be changed ; section 358 ( 2 ) , ( 4 ) and ( 5 ) and section 359 to consumer loan contracts serving the purpose of financing the purchase of securities , foreign currency , derivatives or precious metals .
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