Is the interest of one or two cents a usury? How to calculate usury? What's the usury rate?
1.201.05 Article 26 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, which came into effect in September, stipulates that the interest rate agreed by both lenders and borrowers shall not exceed the annual interest rate of 24%, and if the lender requests the borrower to pay interest at the agreed interest rate, the people's court 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. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum. Therefore, loans with an annual interest rate of more than 36% belong to usury.
2. At the same time, Article 31 stipulates that the borrower voluntarily pays the interest or liquidated damages exceeding the agreed interest rate without harming the interests of the state, the collective and the third party. If the borrower requests the lender to return it on the grounds of unjust enrichment, the people's court will not support it, except that the borrower requests to return the interest exceeding 36% per annum.
Generally speaking, the interest with an annual interest rate of 24% to 36% cannot be returned if it is paid voluntarily, and the borrower cannot claim it if it is not paid. If the interest exceeds the annual interest rate of 36%, the paid interest can be refunded. In short, the maximum annual interest rate supported by law is 24%, which is 2 cents a month.
Second, 1. In private lending, "a little interest" usually refers to "monthly interest". Calculated by "percentage". 1 dividend means 1% monthly interest, and 2 dividend means 2% monthly interest. The calculation formula of interest is: interest = principal × interest rate × loan time. If you borrow 1 0,000 yuan with interest of 2 points, then the interest for one month is 1 ten thousand * 2% * 1 = 200 yuan, and the interest for one year is simply 1 ten thousand * 24% * 1 = 2400 yuan.
2. From the actual use, the so-called income of 2 cents is based on 1 yuan, that is to say, every time you borrow 1 yuan, you need to pay interest of 2 cents, and the annualized interest rate is 2%x 12=24%.
If the loan amount is 1 000 yuan, then the annual interest rate calculated according to simple interest is 1 000 x 24% = 2400 yuan. If calculated according to compound interest, the sum of principal and interest after one year is10000x (1+2%)12 = 65438.