1. Original provision: According to 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, if the interest rate agreed by both lenders and borrowers does not exceed 24% of the annual 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 interest paid in excess of 36% per annum.
2. New regulations: On August 20th, 2020, the Supreme People's Court promulgated the Regulations on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, the core clause of which is to modify the original 24% legal protection clause, and determine the upper limit of judicial protection of private lending interest rates based on the standard of four times the LPR issued by CFETS authorized by the People's Bank of China. According to the latest LPR interest rate of 3.85%, the upper limit of judicial protection of private lending interest rate is only 15.4%.
When applying for a loan, we should pay more attention to the specific interest rate provided by the platform, and we must pay attention to avoiding usury and conventional loans. If you are cheated accidentally, you can collect relevant evidence and use legal weapons to safeguard your legitimate rights and interests.
The interest rates provided by some small loan products are indeed within the prescribed range, but additional fees, service fees, membership fees, deposits, beheading interest and so on will be charged. The total cost is also high. If you encounter such loans, you should be vigilant.
After a comprehensive understanding, choose a formal bank or a formal loan platform based on your own judgment, and make a reasonable loan according to your actual situation.
Tips: The announcement of the new regulations clearly points out that private lending is a civil subject other than financial institutions whose business is loans, so all licensed financial institutions such as banks are not applicable. Other non-financial institutions that mainly rely on loans or other types of private lending are applicable. If you need funds, you can log in to Ping An Pocket Bank APP- Finance-Loan to learn more about Ping An Bank's loan details and try to apply.
Reply time: February 2022-14. Please refer to the latest business changes announced by Ping An Bank in official website.