On 29 September 2020, the FMA notified the EBA in accordance with EBA/GL/2020/02 about the Austrian banking industry’s non-legislative moratorium in relation to Covid-19. Most Austrian banks have participated in the moratorium (for a list of credit institutions participating in the non-legislative moratorium).
Key features of the non-legislative moratorium:
Scope of application:
- Borrowers for the exposure classes retail exposure, corporate exposure and exposures secured by mortgages on immovable property
- Financing leasing contracts are covered
- The following are not covered by the moratorium:
- loans that are subject to the legislative moratorium
- exposures to institutions, central governments, or central banks
- defaulted exposures, and
- bullet loans.
- The borrower has been financially negatively affected by COVID-19.
- The deferral was offered in general terms as a preventative measure, and not on a customer-specific basis.
- The deferrals were agreed upon by 31.08.2020 at the latest and relate to
- loans that were concluded prior to 15.03.2020.
- The deferred exposures became due from 15.03.2020.
The participating institution is responsible for the appraisal of whether all conditions are met in the individual case in hand.
What is the nature of the deferral?
- The maximum duration for the deferral is 9 months, i.e. until 31.03.2021 at the latest.
As with the legislative moratorium payments on the principal and/or interest payments are deferred. The resumption of contractually arranged repayments are to be made from 01.04.2021 at the latest. It is can being agreed freely about when, and in what amount the deferred amounts are to be repaid after 31.03.2021. As with the legislative moratorium the possibility also exists to extend term of the loan by the number of months for which the deferral was granted.