I. On the issue of penalty interest rate. The default interest rate of overdue loans (loans that the borrower fails to repay on the date agreed in the contract) is changed from the current daily interest rate of 2. 1% to 30%-50% higher than the loan interest rate agreed in the loan contract;
If the borrower fails to use the loan as agreed in the contract, the penalty interest rate will be changed from the current daily interest rate of five ten thousandths to 50%- 100% of the loan interest rate agreed in the loan contract.
Two. Notice of the People's Bank of China on Issues Concerning the Interest Rate of RMB Loans (Yinfa [2003] No.251) Branches, business management departments, policy banks, wholly state-owned commercial banks and joint-stock commercial banks of the People's Bank of China: In order to steadily promote the reform of interest rate marketization, give full play to the regulatory role of interest rate leverage.
The relevant matters concerning RMB loan interest rate and interest settlement are hereby notified as follows:
I. On the interest settlement of RMB loans. The method of interest calculation and settlement for RMB loans (not applicable to individual housing loans) shall be determined by both borrowers and borrowers through consultation.
II. Adjustment of loan interest rate during the contract period. The interest rate of medium and long-term RMB loans is fixed from the original one year to be determined by both borrowers and borrowers according to commercial principles. During the contract period, it can be adjusted monthly, quarterly and annually, or a fixed interest rate can be adopted.
The interest rate of loans with a term of more than five years shall be determined independently by financial institutions with reference to the interest rate of loans with a term of more than five years published by the People's Bank of China.
Third, on the issue of penalty interest rate. The default interest rate of overdue loans (loans that the borrower fails to repay on the date agreed in the contract) is changed from the current daily interest rate of 2. 1% to 30%-50% higher than the loan interest rate agreed in the loan contract;
If the borrower fails to use the loan as agreed in the contract, the penalty interest rate will be changed from the current daily interest rate of five ten thousandths to 50%- 100% of the loan interest rate agreed in the loan contract.
For loans that are overdue or not used according to the purpose agreed in this contract, interest will be charged at the default interest rate from the date when they are used in loans overdue or not according to the purpose agreed in this contract until the loan principal and interest are fully paid off. For the interest that cannot be paid on time, compound interest shall be calculated at the penalty interest rate.
Second, how to determine the overdue interest of private lending?
Legal analysis: follow the agreement if there is an agreement, and follow the law if there is no agreement. Overdue interest belongs to the nature of liquidated damages and should be calculated according to law. If the parties to the contract have not agreed on the standard of liquidated damages for overdue payment, the People's Bank of China may calculate the liquidated damages for overdue payment with reference to the standard of charging interest for overdue loans of financial institutions stipulated by the People's Bank of China.
Legal basis: Article 593 of the Civil Law of People's Republic of China (PRC) stipulates that interest shall be paid in the loan contract between natural persons, and the loan interest rate shall not violate the provisions of the state on limiting the loan interest rate.
3. What is the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China? Great gods, help!
I. On the issue of penalty interest rate. The default interest rate of overdue loans (loans that the borrower fails to repay on the date agreed in the contract) is changed from the current daily interest rate of 2. 1% to 30%-50% higher than the loan interest rate agreed in the loan contract;
If the borrower fails to use the loan according to the purpose agreed in the contract, the default interest rate will be changed from the current daily interest rate of five ten thousandths to-100% in the loan contract.
Two. Notice of the People's Bank of China (Yinfa [2003] No.251) All policy banks, wholly state-owned commercial banks and joint-stock commercial banks: In order to steadily push forward the reform, give full play to the regulatory role of interest rate leverage.
The interest rates of RMB loans are as follows:
I. On the interest settlement of RMB loans. The method of interest calculation and settlement for RMB loans (not applicable to individual housing loans) shall be determined by both borrowers and borrowers through consultation.
Second, the issue of adjustment. The interest rate of RMB medium and long-term loans has been changed from the original one-year fixed to the monthly, quarterly and annual adjustment of borrowers and borrowers, and can also be adjusted.
The loan interest rate of more than 5 years shall be determined by financial institutions with reference to the loan interest rate of more than 5 years published by the People's Bank of China.
Third, on the issue of penalty interest rate. The default interest rate of the loan (the borrower's money) beyond the town period is 30%-50% higher than the loan interest rate stipulated in the current daily interest rate contract.
If the borrower fails to use the loan as agreed in the contract, the penalty interest rate will be changed from the current daily interest rate of five ten thousandths to 50%- 100% of the loan interest rate agreed in the loan contract.
For the loan that uses the loan, from the date when the loan is overdue or not used according to the purpose agreed in the contract, interest will be charged at the default interest rate until the principal and interest are paid off. For the interest that cannot be paid on time, compound interest shall be calculated at the penalty interest rate.
IV. New loans issued on June 65438+1 October1day (inclusive) in 2004 shall be subject to this notice. The unexpired loans issued before June 5438+1 October12004 are still executed according to the original loan contract, but this notice can also be executed by mutual agreement.
Five, this notice shall be implemented as of June 1 2004. Previously, the RMB loan interest rate supervision notice issued by the People's Bank of China shall prevail. China People's Bank December 10th, 2003
Extended data:
Clear thickness
Article 207 of the Contract Law stipulates: "The borrower fails to pay overdue interest within the agreed time limit".
The repealed "Economic Contract Law" and "Regulations on Loan Contracts" clearly stipulate that overdue loans should be penalized. 1995 "notice of the people's bank of China on interest-bearing measures after adjusting the loan interest rate" (hereinafter referred to as the "notice") and 1999 "RMB interest" have detailed provisions on the interest collection of overdue loans, and the highest level has been given corresponding reply.
According to the above provisions, combined with the actual trial, there are two main ways to calculate the interest of overdue loans: one is the agreed interest rate during the contract period. During the performance period agreed in the loan contract, the interest rate paid by the borrower shall not violate the upper and lower limits of the People's Bank of China, and private lending shall not be higher than the overdue interest of bank loans and overdue loans.
Second, calculate the interest according to the relevant regulations of the People's Bank of China. Under this interest-bearing method, the loan interest rate during the performance of the loan contract is still calculated according to the original contract term.
Overdue loan interest rate, overdue interest is calculated according to the people's adjusted interest rate, and overdue interest is calculated by stages. At the same time, the penalty interest is calculated according to the overdue loans determined by the People's Bank of China.
At the same time, for the loans during and after the performance of the contract, the interest shall be settled quarterly (the short-term interest settlement date within one year is the 20th day at the end of the quarter, which is beneficial to the borrower's failure to pay interest on schedule.
Of the above two interest-bearing methods, the former is generally suitable for private lending, while the compound interest in the latter is not suitable for private lending. The latter is generally applicable to bank loan contracts, while the former is not prohibited by law.
The two interest calculation methods have their own characteristics. Collecting overdue interest according to the agreement can fully embody the principle of autonomy of the parties to the contract within the scope permitted by law, and the calculation method is simple. When the interest rate is greatly adjusted,
May lead to the spirit of interest collection. Although it is appropriate to charge interest on overdue loans according to the relevant regulations of the People's Bank of China, the implementation process is too complicated.