Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 9

CREDIT LINE OPENING CONTRACT FOR CREDIT CARD OF BANCO MERCANTIL

SANTA CRUZ SA
This private document contains a CREDIT LINE AGREEMENT IN ACCOUNT, for
exclusive use in the Credit Card category, granted by Banco Mercantil Santa Cruz SA, a legally
established entity and registered in the Commerce Registry with Registration No. 00012797
and NIT 01020557029 , represented by its representatives, whose names and signatures
appear at the end, hereinafter the BANK, in favor of whom is indicated in the first clause,
hereinafter the ACCREDITED PARTY(S), under the provisions of the articles 1309 et seq. of
the Commercial Code, according to the terms and conditions agreed in this document.

FIRST (PARTIES).- The following are parties to this contract:

1.1 Banco Mercantil Santa Cruz SA, legally established entity and registered in the
Commercial Registry with Registration No. 00012797 and NIT 01020557029, represented
by power of attorney No. 455 by Mr. Ivá n Paz Mancilla, from now on called (ACREDOR).
1.2 The company ……………………..(insert the data of the other group)

SECOND (SPECIFIC CONDITIONS).-

2. 1 AMOUNT OF THE LINE: The required amount is 100,000 Bs.

2. 2 NOMINAL INTEREST:

2.2.1 Initial conditions: Consumption: annual % Valid for the first months, computable
from the issuance of the Credit Card. Cash provisions % annual.

2.2.2 Conditions applicable from the month until the end of the contract:
Consumption: annual % 1. 5 TEA Consumption % annual The TEA for cash
withdrawals will be recorded in your monthly statement if you carry out this
transaction on behalf of (the company).

3. COMMISSION FOR USE AND MAINTENANCE OF THE CREDIT LINE AND


COMMISSION (WHEN APPLICABLE):

3.1. Initial conditions:

3.2 Commission amount: Bs. Monthly, valid for months, computable from the issuance
of the Credit Card.
3.3 Conditions applicable from the month until the end of the contract:

3.4 Commission amount: 10,000 Bs. monthly

3. 5 CARD TYPE: Visa/Business

3. 6 FINANCING TERM: 10 months

1. 9 GUARANTEES: The ACCREDITOR guarantees this Line of Credit with all its
existing and future assets, which will respond to the payment of all of its obligations
and in a special and indicated manner grants the following guarantees:

Personal guarantee from the Lady:

Celena Veizaga Orellana, with Identity Card ( find identity card ) address on the street
( find address)

THIRD: STATEMENT OF ACCOUNT.- The amounts consumed, cash withdrawals,


effective active interest rates (TEA), charges and commissions or other concepts
arising from this contract will be reported in national currency or in American Dollars,
according to BANK policies. and accounted for on the date the BANK receives the
charge, applying the respective agreed interest rate from the transaction date. The
currency to be recorded in the Account Statement may be modified at the written
request of the ACCREDITOR(S). The BANK, when applicable, will make available to the
ACCREDITOR(S) the Account Statement with the summary of the operations that
affect the line available in the corresponding month, plus the previous debit balance if
any. For any purpose, the failure to notify the Account Statements will not excuse the
ACCREDITOR(S) from making the payment within the established deadlines. If the
Account Statement summary is not received three days prior to the payment deadline,
the ACCREDITOR(S) must claim it within the subsequent three calendar days.
Likewise, it is established that the ACCREDITED PARTY(S) will have a non-extendable
period of sixty days (60) days, computable from the date of the transaction, to make
observations on the origin of the transaction or its recognition.

FOURTH: WAYS TO USE THE LINE.- Once the line of credit is approved, the BANK
will issue in favor of the ACCREDITOR(S) a Credit Card, which is the credential and
instrument used to acquire goods and services in the network of establishments
affiliated with the Credit Card or Internet system, as well as cash in BANK offices and
authorized places at a national or international level, within the modalities agreed
upon in this document. To use the Credit Card, its validation is required through the
security systems established by the BANK or the International Brands, as appropriate.
All amounts referring to goods and services purchased will affect the Line, reducing its
availability, the result of which will be reflected in the Credit Card Account Statement,
which will be issued monthly, or other means of dissemination by the Bank along with
eventual expenses. commissions, interests and surcharges incurred for operations
carried out inside or outside the Plurinational State of Bolivia. Due to the nature of
this line of credit and the ease of use granted to the ACCREDITOR(S), it is clarified that
Banco de Crédito de Bolivia SA is not responsible for the definitions of exchange rates,
commissions or others for transactions carried out outside the networks to which the
BANK has access and control.

FIFTH: TERM OF THE CREDIT LINE.- The term for using the Line is one year that will
be computed from the signing of this contract, upon expiration of which it will be
subject to tacit renewal (extension) for an equal period. Subsequently, at the
expiration of each year, it will also be tacitly renewed, and a new Credit Card may be
issued, until the ACCREDITOR(S) or their guarantor(s) or the BANK express their will
to the contrary, in writing and with advance notice. 90 days. The BANK reserves the
right not to issue the new Card until verifying the information provided by the
ACCREDITOR(S).

SIXTH: FINANCING TERM.- The financing period will be computed from the date of
the consumption or charge.

SEVENTH: OVERDRAW OF THE LINE.- Consumption and withdrawals that


eventually exceed the limit granted on this Line will cause it to be considered
overdrawn, in which case the BANK may demand immediate payment of the total
owed, which will be considered overdue. Failure to pay this amount will result in the
BANK being able to deny operations, cancel or retain the Card if it deems necessary, in
addition to the respective legal action. The overdraft cannot be financed according to
the payment method of the Credit Card. The overdraft of the Line, in the proportion
and amount that occurs, will generate the express extension of the limits originally
stated in literal A, section 10 of this document, up to the sum reached by said
overdraft. Once the overdraft is covered, the originally agreed limit will be taken as
the limit.

EIGHTH: DEADLINE, MODALITY, and METHOD OF APPLICATION OF PAYMENT.-


For the payment of the amounts used within this Line, you may choose the modalities
of:

a) In cash, through full payment of the amount owed at the end of the monthly billing
cycle, according to what is reported in the Summary Sheet (consumptions,
withdrawals, commissions and expenses).

b) On credit, within the Financing Term indicated in the first clause, through monthly
amortizations of minimum payment or payment less than the total debt, indicated in
the Account Statement. Payment can be made in cash at any of the Bank's windows,
with automatic account debit, or through any of the authorized electronic channels
that the BANK makes available to the client. Regarding the application of the payment,
the BANK will assign the payments made by the ACCREDITOR(S), in the following
order and only when appropriate: first to the overdrafts, then to the interests, then to
the commissions and expenses and finally to the capital in the current account mode
(revolving). If you have different debts in the current (revolving) account modality,
payments will be applied to consumption or dispositions with promotional rates, to
regular purchases or consumption in affiliated establishments, and to cash
dispositions, in that order. It is clarified that consumption paid in cash does not
generate interest with the exception of cash withdrawals, which do generate interest
from the date of withdrawal and a single commission at the time it is made. On the
other hand, in the credit payment method, in addition to eventual expenses, all
consumption will accrue the agreed interest and commissions, until full payment. If
the payment is made after the deadline indicated in the account statement for each
period has expired, in addition to the concepts indicated above, default interest or,
alternatively, penal interest provided for by the legal provisions in force will be paid.
NINTH: ADDITIONAL CREDIT CARDS.- The BANK may issue up to five (5) additional
Credit Cards in favor of third parties, at the express request of the ACCREDITOR(S),
who becomes responsible and main debtor for the acquisitions and/or withdrawals.
that are obtained with it and, therefore, are subject to the availability limit and other
conditions of this contract. The BANK may unilaterally reject the extension of
additional Cards. The handling and administration of the additional Cards, as well as
the purchases and cash withdrawals made with them, are the entire, exclusive and
sole responsibility and risk of the ACCREDITOR(S), without any claim or claim against
the BANK for this effect.

TENTH: SECRET NUMERIC CODE (PIN).- The BANK also gives the ACCREDITOR(S)
in time to deliver their credit card, a secret numerical code for the use of their Credit
Card in the ATMs connected to the electronic network used. by the BANK also called
PIN for its acronym in English. The ACCREDITOR(S) is solely responsible for the
management of the PIN, committing to memorize the number and delete the written
record delivered by the BANK to him, releasing the BANK from all responsibility for
the loss of the PIN or its handling by other persons unrelated to him. he. Likewise, the
ACCREDITOR(S) undertakes to personally use their PIN number, assuming civil or
other liability for all operations carried out with it, regardless of whether this has
been carried out by the ACCREDITED(S) or by any other person. someone else other
than him.

ELEVENTH: EXPIRED TERM.- The failure to pay any of the agreed amortizations on
the dates stipulated in the account statement or in any other means of dissemination
of the BANK, in the BANK offices, and any of the events referred to in the Clause
fourteen, will make the total owed liquid and payable and this document will be
considered expired, with sufficient executive force, without the need for a prior
judicial or extrajudicial delay requirement. From that moment on, the BANK, in
application of the debt compensation rules established in the Civil Code Art. 363 and
Commercial Code Art. 1350 is irrevocably authorized by the ACCREDITOR(S), and
others obliged to debit the amount owed, in their respective accounts or deposits and
any other funds, resources, remittances, money orders, payment orders, securities,
that for any reason will be found deposited, drawn, endorsed or consigned in their
names or in any other way in their favor, in any of the BANK's offices. Likewise, in the
event of default, the BANK is irrevocably authorized to retain all accounts and
deposits that the ACCREDITOR(S) and other obligors have in the BANK, particularly
when this operation is classified in the loss or similar category. in accordance with the
Portfolio Evaluation and Qualification Regulations of the Financial System Supervision
Authority or in accordance with the determination of the BANK's Risk area in
accordance with the risk management policies or credit history and payment behavior
of the ACCREDITOR(S). The BANK reserves the right to grant extensions, which will be
understood as simple tolerance and not as a novation or granting of new deadlines,
which will in no way modify the stipulated term and, therefore, will not affect the
BANK's right to exercise the corresponding judicial action or continue the one that has
been initiated, in these cases the guarantees established remain fully in force, even if
no notice is given to the guarantor(s), whose condition remains immutable until full
payment.

TWELFTH: DEFAULT INTEREST.- In case of default, the interest rate set by Supreme
Decree 28166 of May 17, 2005 and Supreme Decree 530 of June 2, 2010 will be
applied to the credit.

THIRTEENTH: EVENTS OF NON-COMPLIANCE.- Regardless of the default of the


ACCREDITOR(S) due to non-payment, in accordance with the provisions of the twelfth
clause, in the same manner and with equal effects, the ACCREDITOR(S) incurs default
if one or more of the following circumstances occur:

a) Failure to comply with the payment obligation. If the ACCREDITOR(S) fail to


pay their installments (minimum monthly payment), totally or partially;
b) Failure to comply with other obligations. If the ACCREDITOR(S) fails to comply
with any other obligation assumed under this contract, other than the payment
obligation;
c) Falsehood of any representation or warranty. If the BANK determines that any
statement made or guarantee given by the ACCREDITOR(S) in this contract is
false or incomplete;
d) Decrease in guarantees, assets of the ACCREDITOR(S) and other related
matters. If there is evidence of a decrease in the guarantees granted to the
BANK, or of the assets of the ACCREDITOR(S), their escape or judicial
persecution, seizure or seizure of their assets;
e) Ignorance of obligations. If the ACCREDITOR(S) at any time and by any means
is unaware of the legal validity or enforceability of the obligations contracted
under this contract, or any part thereof, or of any document granted
hereunder;
f) Impossibility of payment. If the ACCREDITOR(S) admit the impossibility of
paying their debts as they fall due;
g) Non-compliance with UIF Standards. If the ACCREDITOR(S) refuses, evades or
fails to submit documentation that supports their operations as requested by
the BANK in compliance with the regulations of the Financial Investigations
Unit.

FOURTEENTH: RIGHTS AND OBLIGATIONS OF THE ACCREDITOR(S).-

YO. The ACCREDITOR(S) has the following rights:

a) To receive equitable treatment without discrimination based on age, gender, race,


religion or cultural identity.

b) To receive reliable, comprehensive and clear information regarding the conditions


and characteristics of your credit operation

c) To present the claims, queries, requests and petitions that you see pertinent in
accordance with the conditions established by the Financial System Supervision
Authority (ASFI), receiving a clear, comprehensive and timely response from the
BANK.

d) To receive information on the breakdown of capital, financial charges, how to


calculate financial charges and updated service schedules at any time during the term
of the contract.
e) To challenge the charges that you consider unauthorized as well as present any
other claim in accordance with the specific conditions related to the rules and
regulations of VISA INTERNATIONAL.

II. The ACCREDITOR(S) has the following obligations:

a) Comply punctually with your obligations, amortizations and payments with the
BANK. b) Provide truthful information when applying for credit.

c) Inform the BANK in a timely manner about any fact or circumstance that affects or
could substantially affect the results of its operations or its financial situation.

d) Inform the BANK within 24 hours following the date of receipt of the notification of
the judicial resolution ordering the seizure, embargo or any other precautionary
measure arising from judicial proceedings or of any other nature on any of the
ACCREDITOR'S assets. (S) that guarantee the operation or that could substantially
affect your situation.

e) Deliver to the BANK, upon its simple request, a copy of its annual or quarterly
financial statements or any other accounting, technical or financial information that
the BANK requests to determine its status, situation and solvency.

f) Ensure security in the use of your credit card, notifying and requiring the BANK to
immediately block it in the event of identifying irregularities and/or unrecognized
consumption or operations. Likewise, request the Blocking in case the loss, theft or
theft of the Card is evident. g. Submit semi-annually to the BANK, a copy of your
financial statements or any other accounting, technical or financial information that
the BANK requests to determine your status, situation and solvency. The semiannual
presentation does not exempt the ACCREDITOR(S) from the presentation of said
documentation, at any time at the simple request of the BANK.

h) Presentation, as an Affidavit, of the supporting documentation requested by the


BANK, which will be required by virtue of the regulatory obligation that it maintains
regarding the controls and reports carried out by instruction of the Financial
Investigations Unit. .
FIFTEENTH: CONFORMITY.- The BANK, the ACCREDITOR(S), guarantor(s) and other
obligors express their full acceptance and compliance with all the clauses of this
contract that will take effect without the need for recognition of signatures, signing in
accordance. Likewise, the ACCREDITOR(S), guarantor(s) and other obligated parties
declare that they have received a complete explanation of the content and scope of the
clauses of this contract.

Cochabamba, April 17, 2019.

You might also like