Włodzimierz Szpringer The problems of consumer credit regulation
The key problem here - apart from the obvious transparency requirement (consumer to be informed of the cost of credit p.a.) or an early payment option without additional charges to the consumer - is the issue of licensing the organisations wishing to extend consumer credit. It is not banks alone that offer consumer credit. In Poland, the Commission for Banking Supervision wishes to grant licenses to non-bank organizations which render such services (e.g. credit intermediaries). However, according to the relevant draft law these licenses will be granted by the anti-monopoly authority. One has to bear in mind, that in the light of the Directive on Consumer Credit the term "consumer credit" should not be restricted to bank-provided loans only. It should be interpreted broadly to include non-bank consumer loans. The question arises as to which authority should license financial intermediaries or non-bank institutions granting consumer credit - and what criteria to employ in licensing. The Directive requires that all organisations rendering similar services be licensed and subject to the full set of requirements. The problem of qualifying criteria for credit mediation also arises (e.g. capital requirements, legal status of the company - limited companies only? - supervision through a partnering bank, qualifications of the staff). In this respect, the licensing and supervision could be placed in charge of the Commission for Banking Supervision. That, however, leaves aside companies which wish to grant consumer credit on their own behalf. These organisations should be licensed, too - which clearly follows from the Directive. Who should do that - the banking supervision or anti-monopoly authority? There are many questions of this kind. The draft law on consumer credit does not seem to provide the answers. As the Directive uses the collective term "consumer credit" denoting both bank loans, civil law loans and hire purchase, it is necessary to consider whether additional regulations might be required - so that the consumer could really enjoy all the benefits stipulated by the directive.
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