Private online loan interest rates exceeding 36% are not protected by law. Regardless of whether it is an online loan or an ordinary personal loan, the total of overdue management fees, overdue interest, liquidated damages, etc. cannot exceed the maximum annual interest of 24%. The amount exceeding the 24% annual interest is illegal. The law stipulates that the amount exceeding the 24% annual interest does not need to be repaid and there is no need to bear legal risks.
Relevant legal basis: In lending, borrowers and lenders are most likely to have conflicts over private loan interest. Regarding disputes over the interest of private loans, you can refer to the clear provisions of the Civil Code: First, according to the principle of good faith, if the borrower and the borrower have not agreed on the interest issue in the loan contract, it will be a free loan to a certain extent. If the debtor repays the loan before the expiration of the loan period or when there is no agreed repayment period, and if the creditor requires repayment, the debt is repaid within a reasonable period, no interest will be paid. Second, if a dispute arises after the borrower and the lender agree on the interest rate standard, the interest rate standard may be determined within a maximum of four times the bank's similar loan interest rate. Interest on the excess amount is not protected. Third, in interest-bearing loans, the interest rate can be appropriately higher than the bank interest rate. The interest rate agreed by the borrower and the lender does not exceed the annual interest rate of 24%. If the lender requests the borrower to pay interest according to the agreed interest rate, the people's court should support it. If the interest rate agreed between the borrower and the lender exceeds the annual interest rate by 36%, the excess interest agreement is invalid. If the borrower requests the lender to return the interest that has been paid in excess of 36% of the annual interest rate, the People's Court shall support the request. Fourth, the "Several Opinions on the People's Courts' Trial of Loan Cases" clearly stipulates that lenders are not allowed to include interest in the principal to calculate compound interest, otherwise they will not be protected by law. This provision has a certain punitive nature in judicial practice. If you violate this provision, you may be judged by the court to pay interest based on the loan interest rate for the same period. Then, you may or may not claim back the multiple you originally agreed on. . Fifth, if a party has a dispute over borrowing foreign currency, Taiwan dollars, etc., and the lender requires repayment in the same currency, it may be allowed. If the borrower does not have the same currency, it can repay it in RMB by referring to the foreign exchange rate at the time of repayment. If the lender requires payment of interest, the interest may be calculated with reference to the foreign currency savings interest rate of the Bank of China.