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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 .
BGB 492. 1 Consumer loan contracts are to be entered into in writing unless a more stringent form is provided for . Entering into the agreement in electronic form is excluded . The requirement of written form is satisfied if the offer and acceptance by the parties to the contract are declared in writing in separate documents . The statement of the lender need not be signed if it is made with the help of automatic equipment . The contract declaration must be signed by the borrower and must indicate : the net loan amount , and where applicable the maximum limit of the loan , the total amount of all instalments to be paid by the borrower in redemption of the loan as well as for payment of interest and other costs , if , at the date when the consumer loan contract is entered into , the total amount is certain for the entire duration of the loan ; for loans with variable conditions that are redeemed in instalments , a total amount on the basis of the loan terms that apply at the time the contract is entered into , the manner of repayment of the loan or , if an agreement on this is not envisaged , the arrangements for the termination of the contract , the rate of interest and all other loan costs which , where their amount is known , are to be specified in detail , or else whose basis is to be indicated , including any brokerage fees to be borne by the borrower , the effective annual rate of interest or , if the right is reserved to modify the rate of interest or other factors that determine the price , the initial effective annual rate of interest ; together with the initial effective annual rate of interest there must also be information on the conditions under which the factors that determine the price can be modified and the periods of time to which charges resulting from an incomplete disbursement or from a loan surcharge are to be allocated when calculating the effective annual rate of interest , the costs of any residual debt insurance or other insurance taken out in connection with the consumer loan contract , security to be provided .
BGB 492. 2 The effective annual rate of interest is the total charge per annum , to be expressed as a percentage of the net loan amount . The effective and the initial effective annual rate of interest are calculated in compliance with section 6 of the Statutory Order on Price Quotation [ Verordnung zur Regelung der Preisangaben ] .
BGB 493. 1 The provisions of section 492 do not apply to consumer loan contracts in which a banking institution gives a borrower the right to overdraw his current account by a specified amount , if , apart from interest , no other charges are made for the loan taken out and the interest is not charged in periods shorter than three months . The banking institution must advise the borrower prior to such a loan being drawn on of the maximum limit of the loan , the annual rate of interest applicable at the time of the advice , the terms on which the rate of interest can be changed , the provisions for termination of the contract . The contract terms referred to in sentence 2 nos . 1 to 4 must be confirmed in writing to the borrower at the latest after the borrower has drawn on the loan for the first time . During the period in which he is drawing on the loan the borrower must also be given notice of any change in the annual rate of interest . The confirmation under sentence 3 and the notice under sentence 4 must be made in text form ; it is sufficient if they are given on a bank statement .