The interest rate and interest of private lending mainly include:

1. If there is no interest agreement between the borrower and the borrower, or the interest agreement between natural persons is unclear, the lender has no right to ask the borrower to pay the interest during the loan period;

2. If the interest rate agreed by the borrower and the borrower does not exceed the annual interest rate of 24%, the lender has the right to require the borrower to pay interest at the agreed interest rate. However, if the interest rate agreed by the borrower and the borrower exceeds 36% per annum, the interest exceeding 36% shall be deemed invalid, and the borrower has the right to demand the lender to return the interest paid exceeding 36% per annum.

3. If interest is deducted from the principal in advance, the people's court shall confirm it as the principal according to the actual loan amount;

4. Unless otherwise agreed by the borrower and the borrower, the borrower may repay the loan in advance and calculate the interest according to the actual loan term. In addition, this part also stipulates overdue interest rate, voluntary interest payment and compound interest.

legal ground

Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases

Article 26 If the interest rate agreed by the borrower and the lender does not exceed 24% of the annual interest rate, and 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 interest paid in excess of 36% of the annual interest rate. Article 1 The term "private lending" as mentioned in these Provisions refers to the financing between natural persons, legal persons and unincorporated organizations. These Provisions shall not apply to financial institutions and their branches established with the approval of financial supervision departments to engage in loan business, and disputes arising from loans and other related financial businesses. Article 2 When a lender brings a private lending lawsuit to the people's court, it shall provide such creditor's rights certificates as IOUs, receipts, IOUs and other evidence that can prove the existence of the legal relationship between lending and borrowing. If the creditor's rights certificates such as IOUs, receipts and IOUs held by the parties do not specify the creditor, and the parties holding the creditor's rights certificates file a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination and dismissed the prosecution. Article 3 Where the borrower and the lender have not agreed or clearly agreed on the place of performance of the contract, and no supplementary agreement has been reached afterwards, and it is still uncertain according to the relevant provisions of the contract or trading habits, the place of performance of the contract shall be the place where the party receiving the currency is located. Article 4 Where the guarantor provides joint liability guarantee for the borrower and the lender only sues the borrower, the people's court may not add the guarantor as a co-defendant; If the lender only sues the guarantor, the people's court may add the borrower as a co-defendant. If the guarantor provides a general guarantee for the borrower and the lender only sues the guarantor, the people's court shall add the borrower as a co-defendant; If the lender only sues the borrower, the people's court may not add a guarantor as a co-defendant.