Legal.

Borrow 40,000 yuan a year and receive 5,000 yuan, with an annual interest rate of 12.5%.

At present, the interest rate of private lending is limited to four times the quoted interest rate of the bank loan market in the same period, that is, the annual interest rate does not exceed 15.4%, which is protected by law. The annual interest rate of 24% is the legal upper limit of loans before August 20, 2020. It is legal to have an annual interest rate of over 36%.

Second, the bank loan interest rate is four times that of the same period.

1. If there is an agreement on the interest during the loan period, it shall be protected from the agreement, for example, the monthly interest rate of 3% shall not exceed 4 times of the bank's loan interest rate for the same period; There is no interest agreement outside the loan term, and it is not necessary to apply the interest agreement within the loan term; 2. The correct understanding of "four times the bank loan interest rate" is "four times the bank loan interest rate for the same period", so it can be calculated by stages; Another "quadruple" is to protect the part within quadruple, and you can realize the part beyond quadruple through other channels; 3. This statement is correct; 4. No, whether it is interest or liquidated damages, it can only be agreed. Since there is no interest or liquidated damages beyond the loan term in the loan relationship in your, it cannot be understood that the upper limit is 4 times; You can't claim interest beyond the loan period because there is no agreement; But you can claim liquidated damages, but you have not agreed on the standard of liquidated damages, so according to the laws of our country, liquidated damages generally compensate for losses, and your losses are interest losses, so your liquidated damages can only be calculated according to the bank loan interest rate for the same period.

Three, four times the bank loan interest rate in the contract law?

This regulation has come into effect, and the current regulation is that the annual interest rate cannot exceed 24%.

Provisions of the Supreme People's Government on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 26 If the interest rate agreed by both borrowers and lenders does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people shall support it.

The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. If the borrower requests the lender to return the interest paid in excess of 36% per annum, the people shall support it.

Four times the bank loan interest rate in the contract law?

1. According to "Several Opinions on People's Trial of Lending Cases", Article 6 The interest rate may be appropriately higher than the bank's interest rate, which can be specifically grasped by local people according to the actual situation, but the maximum interest rate shall not exceed four times (including interest rate) of similar bank loans. Beyond this limit, the excess interest will not be protected.

2. This provision has been replaced by the Supreme People's Court's Provisions on Several Issues of the Judicial Law, and the annual interest rate has been changed to no more than 24%.

3. Legal basis: Article 28 of the Provisions of the Supreme People's Government on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases. After the principal and interest of the previous loan are settled, both the borrower and the lender will include the interest in the principal of the latter loan and re-issue the creditor's rights certificate. If the previous interest rate does not exceed the annual interest rate of 24%, you can consider the amount stated in the reissued creditor's rights certificate as a later loan.

4. The excess interest cannot be included in the later annual interest rate of 24%. If the parties claim that the overcharged interest cannot be included in the future loan principal, the people shall support it.

5. Several Opinions on the Trial of Loan Cases by People's Courts shall be calculated according to the preceding paragraph, and the sum of the principal payable by the borrower after the expiration of the loan term and the interest of the whole loan term and the original loan principal. If the lender asks the borrower to pay the excess, the people will not support it.

6. The interest rate of private lending can be appropriately higher than the bank interest rate, which can be specified by local people according to the actual situation in the region, but the maximum interest rate shall not exceed four times (including interest rate) of similar bank loans. Excess interest is not protected.

Article 7 of the Provisions on People's Trial stipulates that:

Lenders earn high profits. If it is found during the trial that the creditor has included the interest in the principal to calculate compound interest, which exceeds the first interest, its interest rate is not protected.

Article 8 stipulates that if there is a dispute between the borrower and the lender on whether there is an agreed interest rate, the interest shall be calculated at the same loan interest rate. If there is a dispute between the borrower and the borrower over the agreed interest rate, which cannot be proved, it shall be implemented with reference to this opinion.

Article 11 stipulates that if a borrower borrows money through illegal activities, its borrowing relationship is not protected. Illegal lending by both parties can be sanctioned according to the third paragraph of Article 134 of the General Principles of Civil Law and the Opinions on Several Issues Concerning the Implementation of the General Principles of Civil Law of People's Republic of China (PRC) (for Trial Implementation).

Article 12 stipulates that if the lender requests repayment in the same currency because of the loan between citizens or NT dollars, it may be allowed. If the borrower does not have the same currency, it can be repaid in RMB with reference to the local foreign exchange adjustment price at the time of repayment. If the lender requests to repay the interest, it may calculate the interest with reference to the savings rate of China Bank at the time of repayment.

Borrowing foreign exchange certificates shall be handled with reference to the above principles.

Article 13 stipulates that in the loan relationship, the person who only plays the role of contact and introduction shall not bear the guarantee responsibility. If there is a real intention to guarantee the performance of the debt, it shall be recognized as a guarantor and bear the guarantee responsibility.

Article 14 stipulates that if the lender issues an IOU in the name of the borrower to borrow money, and the borrower refuses to admit it, and the lender cannot prove it, the lender shall bear civil liability.

Article 15 stipulates that during the lending period of a partnership enterprise, if an individual borrows money in the name of a partnership organization and uses it for partnership operation, it shall be repaid by the partners; If the borrower cannot prove that the loan is used for partnership operation, it shall be repaid by the borrower.

Article 16 stipulates that after the guarantor's loan debt expires, if the debtor is solvent, the debtor shall bear the responsibility; If the debtor is unable to pay off, has insufficient solvency or the debtor's whereabouts are unknown, the guarantor shall be jointly and severally liable.