Current location - Loan Platform Complete Network - Loan consultation - How much the loan interest exceeds is not protected by law.
How much the loan interest exceeds is not protected by law.
How much interest the loan exceeds is not protected by law.

According to relevant laws and regulations, the loan interest rate of any lending institution shall not exceed 36% of the LPR interest rate issued by the central bank. If it exceeds 36%, the excess interest is not protected by law. 202 1 the central bank's one-year loan interest rate is 3.85%, and the five-year loan interest rate is 4.65%.

Then, according to the calculation, the one-year loan interest rate of the lending institution 202 1 is legal if it does not exceed 5.2%, and it will not be protected by law if it exceeds it. 202 1 Lending institutions' five-year loan interest rate does not exceed 6.3%, which is legal and not protected by law.

Loan preferential interest rate:

It is the loan interest rate executed by commercial banks for their best customers, and other loan interest rates can be generated by adding and subtracting points on this basis. The centralized quotation and release mechanism of loan preferential interest rate is that on the basis of the quotation bank's independent quotation of the bank's loan preferential interest rate, the publisher is designated to calculate the quotation by weighted average, and the average quotation rate of the quotation bank in the loan preferential interest rate is formed and announced to the public. At the initial stage of operation, the preferential loan interest rate of 1 year was announced to the public.

How to convert the loan interest rate?

The loan interest rate is based on the benchmark loan interest rate published by the People's Bank of China, and fluctuates on the basis of the benchmark interest rate. The bank interest rate is the execution interest rate. The execution interest rate of each bank is different for different loan types and loan periods. Executive interest rate = benchmark interest rate ×( 1 floating value of interest rate). The floating range is between 0.5 and 2 percentage points.

What are the requirements for personal loans?

When applying for a personal loan, the bank will review your personal qualifications and the authenticity of all the information. Specific conditions: the borrower's ID card, which is necessary. Good credit record. Personal qualification and financial proof, for example, if this person has a full vehicle under his name, he can make a vehicle mortgage loan or credit loan to the bank; If the borrower has all the real estate under his name, he can apply for a mortgage loan;

In addition, there are many types of loans. The purpose of the loan is because the CIRC stipulates that all loan funds cannot be used for stock trading, wealth management, house purchase, etc. So the bank must have a formal purpose to lend you money. It is also the most important point, that is, good repayment willingness and repayment ability. As far as bank loans are concerned, all directions of bank investigation will eventually point to customers' repayment ability and willingness. If the customer has no willingness or ability to repay, the bank will not lend you money.

Nowadays, this kind of social loan, whether it is buying a house or a car, doing business or personal consumption loan, is a very common thing for people. In short, loans are ubiquitous in people's lives. What conditions and procedures are needed for personal loans have a lot to do with your personal situation.

How much is the loan interest not protected by law?

How much is the loan interest not protected by law?

Private lending refers to the lending behavior between individuals and between individuals and enterprises. It has a very long history and is a form of private finance. Private lending is direct financing, while bank lending is indirect financing. Its main feature is simple procedure, but high interest, so it is commonly called.

The contract law stipulates that the loan interest rate shall not violate the provisions of the state on limiting the loan interest rate; The judicial interpretation specifically stipulates that the maximum agreed interest rate shall not exceed 4 times the interest rate of similar loans of banks. This means that the interest rate of private lending should not exceed 4 times of the bank loan interest rate in the same period, and both parties can negotiate within 4 times of the bank loan interest rate in the same period.

It can be concluded that the interest rate within 4 times of the bank's loan interest rate during the same period belongs to the legal interest rate, and the interest rate over 4 times belongs to the legal interest rate, which is not protected by law.

In the same period, the proportion of unprotected banks was four times.

Specific explanation:

According to Article 6 of the Supreme People's Court's Opinions on People's Trial of Lending Cases, the interest rate of private lending can be appropriately higher than that of banks, but the maximum interest rate shall not exceed four times of the bank's lending rate (including the principal interest rate). Beyond this limit, the excess interest will not be protected.

The meaning of loan interest:

1. Generally, compound interest is calculated on a monthly basis. Compound interest means that after each interest period, the remaining interest is added to the principal to calculate the interest of the next period.

2. In this way, in each interest-bearing period, the interest of the previous interest-bearing period will become the interest-bearing principal, that is, interest will accrue, which is also commonly known as "rolling interest".

Loan interest is not protected by law.

It is not protected by law if it exceeds the interest rate of similar loans of banks by more than 4 times.

The Supreme People's Court's Opinions on People's Trial of Lending Cases Article 6 The maximum interest rate of private lending shall not exceed four times the interest rate of similar loans of banks. At the same time, interest shall not be included in the principal to calculate compound interest, which is often referred to as "rolling interest" and "snowballing". Excess interest and compound interest are not protected by law. If this limit is exceeded, the excess interest will not be protected.

Although the excess part is not protected, it is not invalid, but it is not easy to get support in litigation.

Private lending refers to the lending behavior between individuals and between individuals and enterprises. It has a very long history and is a form of private finance. Private lending is direct financing, while bank lending is indirect financing. Its main feature is simple procedure, but high interest, so it is commonly called. The contract law stipulates that the loan interest rate shall not violate the provisions of the state on limiting the loan interest rate; The judicial interpretation specifically stipulates that the maximum agreed interest rate shall not exceed 4 times the interest rate of similar loans of banks. This means that the interest rate of private lending should not exceed 4 times of the bank loan interest rate in the same period, and both parties can negotiate within 4 times of the bank loan interest rate in the same period. From this, it can be concluded that the bank loan interest rate within four times of the same period belongs to the legal interest rate, and more than four times belongs to it, which is not protected by law.

How much interest online loans exceed is not protected by law.

Online loan interest exceeding 36% is not protected by law.

Private lending can be paid (interest-bearing loans) or free (interest-free loans). Whether to pay (interest-bearing loans) shall be agreed by both borrowers and borrowers. The annual interest rate is protected by national laws within 36%, and it is invalid if it exceeds 36%.

Provisions of the Supreme People's Government on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases: Article 26 stipulates that the interest rate agreed by the borrower and the lender shall not exceed 24% of the annual interest rate, and the people shall support it if the lender requests the borrower to pay interest at the agreed interest rate.

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.

According to the first paragraph of Article 211 of the Contract Law, "if there is no agreement or unclear agreement on interest payment in the loan contract between natural persons, it shall be regarded as not paying interest". Only when both parties agree in advance in writing or orally that private lending is interest-bearing lending, the lender can ask the borrower to pay interest when repaying the principal; Otherwise, it is regarded as an interest-free loan, and the lender may not require the borrower to pay interest.

Paragraph 2 of Article 2 1 1 of the Contract Law stipulates that "if the loan contract between natural persons stipulates to pay interest, the loan interest rate shall not violate the provisions of the state on limiting the loan interest rate".

Private lending interest Baidu Encyclopedia

Provisions of the Supreme People on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Baidu Encyclopedia

Baidu encyclopedia of contract law

Simply put, more than 24% do not support it, and more than 36% are illegal. If the loan interest is higher than 24% and lower than 36%, the repaid loan will not be refunded, and the unpaid loan will not be pursued.

Informal online loans are not protected by law and are signed by themselves. Formal online loans are protected by law, and over 36% are illegal.

Judicial interpretation of private lending cases issued by the Supreme Law: Article 26 stipulates that if the interest rate agreed between the borrower and the lender does not exceed the annual interest rate of 24%, the people's court shall support the lender to request the borrower to pay interest at the agreed interest rate.

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.

How much interest you borrow is not protected by law.

24% to 36% interest, if the debtor has paid, the law recognizes this part of interest as legal, if the debtor has not paid, the law does not recognize this part, if it exceeds 36%, the law absolutely does not recognize this part of interest. This is the annual interest rate.

What is the above monthly interest rate that is not protected by law?

It is legal to pay less than 2 points a month; The monthly interest rate is 3 points, and the law does not support or oppose it; More than 3 points, belonging to, prohibited by law.

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

Common discharge hazards.

1. Interest is deducted when borrowing. Unlike ordinary loans, he will deduct the corresponding interest when lending. For example, if the borrower borrows 6,543,800 yuan, he only gets 80,000 yuan in cash with a monthly interest rate of 20%. At the end of one month, if he doesn't pay back the principal, he can pay back 20 thousand in advance. Then mortgage the property, and if it is not returned in the end, the mortgaged property belongs to the lender.

2. verbally agree on the expected annualized interest rate, leaving no trace. Many of them don't have specific loan agreements, but just write down a number of IOUs, which only indicate the loan amount and date. For a large loan, the lender will invite the other party to the bathroom for a "naked chat" in order to prevent the other party from quietly leaving recorded evidence.

The method of forcing debts is cruel. Lending institutions or individuals are often accompanied by criminal history, so they try their best to collect debts from borrowers, and often threaten borrowers or simply "live" in borrowers' homes. Debt collectors may also threaten, which leads to many cases that are finally convicted of illegal detention and violent injury.

The state stipulates that the loan interest cannot exceed.

The law stipulates that the annual interest rate agreed by both borrowers and lenders cannot exceed 24%. Within this range, if the lender requires the borrower to pay interest at the agreed interest rate, the people should 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 interest rate agreed by the borrower and the borrower 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.

The interest of private lending is agreed by both parties, but it is more than four times the interest rate of bank loans in the same period and is not protected by law. That is to say, if the borrower does not pay back the money and the creditor arrives, the interest will only be judged according to the bank loan interest rate of the same period, and the excess will not be judged.

The introduction about how much loan interest is not protected by law, and whether the online loan interest rate exceeds 154% ends here. I wonder if you have found the information you need?