Negative interest – who must take the risk?

Bank- und Finanzrecht

Mag. Stephan Schmalzl und Mag. Philipp Renninger, ILO Newsletter vom 30. Oktober 2015

Negative interest is normally approached from the depositor´s perspective. However, as some reference rates for floating interest rates fall below zero, this topic is also of interest in relation to loan agreements. A recent regional court decision brought attention to some earlier legal jurisprudence on this topic. However, the main question remains undecided: which party must bear the risk of a negative reference interest rate?


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