After the adjustment of the general bank interest rate, the interest rate of the unpaid part of the loan is also adjusted, which has three forms:
1. After the adjustment of the bank interest rate, the newly adjusted interest rate will be implemented at the beginning of the following year (ICBC, Agricultural Bank and China Construction Bank mortgage are like this);
2. Full-year adjustment, that is, the new interest rate is adjusted and implemented every year of repayment (China Bank mortgage is like this);
3. Both parties agree that the new interest rate level will generally be implemented in the month after the bank's interest rate adjustment.
The specific provisions are as follows:
1. Determination of loan interest rate: The lender shall determine the interest rate of each loan according to the upper and lower limits of the loan interest rate stipulated by the People's Bank of China, and specify it in the loan contract;
2. Collection of loan interest: The lender and the borrower shall collect or pay interest on schedule in accordance with the loan contract and relevant interest-bearing regulations of the People's Bank of China. When the extension period of the loan plus the original term reaches the new interest rate grade, it will be charged at the new term grade interest rate from the date of extension. Default interest is charged for overdue loans according to regulations;
3. Loan discount: According to the national policy, in order to promote the economic development of some industries and regions, the relevant departments can subsidize the interest on loans. For loans subsidized by relevant departments, the undertaking bank shall independently examine and issue them, and strictly manage them according to relevant regulations;
4. loan suspension, interest reduction and interest-free: except as stipulated by the State Council, no unit or individual has the right to decide suspension, interest reduction and interest-free. The Lender shall, according to the decision of the State Council, specifically handle the suspension, interest reduction and interest-free according to the scope of duties and authority. Small-scale farmers' loans of rural credit cooperatives shall be paid off with the profits. If it is a cross-year loan, the interest must be settled once before the end of the year. December 2th of each year is the interest settlement date.
in article 188 of the civil code of the people's Republic of China, the limitation period for requesting the people's court to protect civil rights is three years. Where there are other provisions in the law, such provisions shall prevail.
the limitation of action shall be counted from the day when the obligee knows or should know that the right has been damaged and the obligor. Where there are other provisions in the law, such provisions shall prevail. However, if more than 2 years have passed since the right was damaged, the people's court will not protect it. Under special circumstances, the people's court may decide to extend it according to the application of the obligee.