Key legal question
Whether the refusal of the investment loan for lack of sufficient real security was lawful.
Extracted holding
Yes. Because the planned total debt would reach 2.96 times the yield value, while the maximum permissible sale price was only 2.5 times the yield value, the real security was insufficient.
Extracted reasoning
Investment loans should, where possible, be granted against real security and must be secured by lien rights. Since the operating assets could only be realized up to the legally permissible maximum purchase price, the debt would not be fully covered. The canton would bear the loss, so the financing was too risky.