The maximum loan interest rate is legal 36%. If the annual interest rate exceeds 36%, the lender requires the borrower to pay the excess interest, which will not be supported.
In addition, if the loan interest rate exceeds 24% and is lower than 36%, if the borrower fails to repay the interest, the lender will not support it if it requests repayment; If the loan is repaid by the borrower, it will not be supported if the borrower asks the lender to return it.
In other words, the annual interest rate of the loan is less than 24%, which belongs to the judicial protection zone, and 24%-36% belongs to the natural debt zone; More than 36% of the interest belongs to the invalid area.
How much is illegal if the loan interest exceeds%?
When the loan interest exceeds 36%, it belongs to this behavior, and the excess interest belongs to invalid interest. If a part has been paid, it can be recovered at this time. When the loan interest is between 24% and 36%, it belongs to the category of natural debt, and the law neither supports nor opposes it; The loan interest within 24% belongs to the judicial protection area, and must be repaid according to the regulations after borrowing.
In the loan contract signed by the borrower, if the loan interest is less than 24%, the borrower must repay it on time. If the interest rate is too high, the lender will be supported. At this time, the borrower had better repay the loan. If not, enforce it. Pay attention to this.
In the actual loan, generally more than 24% will be recognized as, but many loan companies will not have such a high interest rate when lending. When handling a loan, the borrower must consider whether he has the ability to repay. If he can't repay the loan on time in the later period, he must be careful to lend money to prevent overdue in the later period.
When borrowers need funds, it is best to choose formal loan channels, such as banks or formal small loan institutions to apply for loans, and be cautious when encountering more loan interest. Many loan companies will make offline dunning in the later period, which will seriously affect the normal life of individuals.
How much interest is illegal.
It is illegal for interest to exceed the following standards:
1, and the annual interest rate exceeding 36% can be defined as an illegal act, and the interest is not protected and supported;
2, local people can according to the actual situation in the region, but the maximum shall not exceed four times the interest rate of similar banks, beyond this limit, the excess interest will not be protected;
3. The lender shall not include interest in the principal for high interest, and the excess interest shall not be protected.
How to agree on the interest of private lending
The agreed benefits of private lending should pay attention to the following parts:
1, the annual interest rate of private lending shall not exceed 24% in principle, and the interest that does not exceed 24% shall be protected;
2. When the lender lends money, the interest deducted from the principal in advance cannot be included in the loan principal, and the borrower is required to return it;
3. For private lending with no agreed interest, the creditor cannot claim interest from the debtor when demanding repayment.
Legal basis: Article 680 of the Civil Code of People's Republic of China (PRC).
It is forbidden to lend at high interest rate, and the lending rate shall not violate the relevant provisions of the state.
If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest.
If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.
How much interest is legal for online loans?
The current law stipulates that the legal protection of private lending interest rates is divided into three levels:
1, the annual interest rate does not exceed 24% (2 points per month), which is completely legal and fully protected by law;
2. When the annual interest rate exceeds 24% (2 points per month) but does not exceed 36% (3 points per month).
(1) If the debtor has paid 24%-36% interest to the creditor, but asks the creditor to return it in the lawsuit, refusing to support the debtor's request is equivalent to recognizing the actually paid interest;
(2) If the debtor fails to pay 24%-36% of the interest to the creditor, and the creditor asks the debtor to pay it in the lawsuit, it does not support the creditor's request, which is equivalent to not acknowledging the unpaid interest;
3, more than 36% (3 points per month) of the interest part is illegal, should be considered invalid.
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 between the borrower and the borrower does not exceed the annual interest rate of 24%, 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.
Article 31 If the borrower pays the interest voluntarily without agreeing on the interest, or pays the interest or liquidated damages at a rate exceeding the agreed interest rate without harming the interests of the state, the collective and the third party, the people will not support it, except that the borrower requests to return the interest exceeding 36% of the annual interest rate.
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Case:
The Supreme Law regulates private lending: it is invalid if the annual interest exceeds 36%.
People's Daily Online, Shanghai, Beijing, August 7th (Qian Wei, thomas lee and Luo Zhi all know) "Time has changed". On August 6th, the Supreme People promulgated the Provisions of the Supreme People on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, which is the latest judicial interpretation of private lending. In addition to defining private lending and affirming the effectiveness of inter-enterprise lending, the highlight is to clarify the responsibility of the Internet lending platform.
The "Regulations" respectively stipulate whether and how P2P (Peer-to-Peer Lending) bears civil liability when it involves two legal relationships: intermediation and guarantee. At the same time, it also adjusted the interest rate and interest of private lending, and made it clear that the annual interest rate of private lending exceeding 36% was invalid.
Shi, CEO of the third-party organization Online Loan House, told reporters on the 6th that the Regulations clearly defined the long-debated guarantee issue in the P2P industry from a legal point of view, that is, it recognized the essential positioning of the P2P platform as an information intermediary and accepted the status quo that the industry generally promised to pay first. The demarcation of 36% may have a greater impact on private lending.
Clear P2P platform guarantee responsibility for the first time.
199 1 year, the Supreme People promulgated "Several Opinions of the Supreme People on People's Trial of Lending Cases", but due to economic and social changes, many provisions can no longer meet the needs of development. This latest judicial interpretation of private lending is to respond to the requirements of financial marketization reform for the development of the situation and judicial work.
Such as peer-to-peer lending. In recent years, with the development of Internet and related technologies, Internet finance has developed rapidly in China. Since 20 13, P2P has developed by spurt, which not only increases the number, but also expands the types and methods of lending, and also causes endless problems.
"China has formed new characteristics that are different from foreign P2P online lending models, and at the same time, it has also created new problems such as complex platform roles, lack of regulatory subjects and lack of credit system." Du Wanhua, a full-time member of the Judicial Committee of the Supreme Court, introduced it at the press conference on August 6th.
According to the provisions in the Regulations, both borrowers and lenders form a loan relationship through the P2P online lending platform, and the provider of the online lending platform only provides media services, so it does not assume the guarantee responsibility; If the P2P online lending platform provider explicitly provides a guarantee for the loan through web pages, advertisements or other media, or there is other evidence to prove that it provides a guarantee, according to the request of the lender, the people can judge that the P2P online lending platform provider bears the guarantee responsibility.
The latter is an additional clause. Shi explained that in the case that the P2P platform advocates promised payment in various forms, the law supports the lender to ask the platform to fulfill the guarantee responsibility.
Private lending with an annual interest rate exceeding 36% is invalid.
Interest rate is the core issue of private lending, and it is also one of the important contents of this judicial interpretation. Over the years, the so-called "two lines and three districts" made it clear that the annual interest rate of private lending exceeded 36%, which was a major revision of the judicial interpretation of 199 1.
Du Wanhua, a full-time member of the Judicial Committee of the Supreme Court, introduced on August 6th that with the advancement of the interest rate marketization reform in China, it is imperative to reform the judicial policy with the benchmark interest rate of loans as the upper limit of interest rate protection. How to adjust the upper limit of private lending interest rate, what mode to adopt and how to determine the upper limit of fixed interest rate are a series of urgent questions in trial practice.
According to the Regulations, if the interest rate agreed between the borrower and the borrower does not exceed 24% of the annual interest rate, the lender has the right to require the borrower to pay interest at the agreed interest rate. However, if the interest rate agreed between the borrower and the borrower exceeds 36% of the annual interest rate, the interest exceeding 36% of the annual interest rate shall be deemed invalid, and the borrower has the right to require the lender to return the interest paid above 36% of the annual interest rate.
Regarding the two lines of 24% and 36%, Du Wanhua explained that we drew "two lines and three districts". First of all, the first line is that the fixed interest rate protected by civil law is 24% of the annual interest rate.
This is a line; The second line is that the interest agreement with an annual interest rate of more than 36% is invalid, which is these two lines. It is divided into three areas, one is invalid area, the other is judicial protection area, and the other is natural debt area, that is, three areas during the period of 24%-36%.
"Disputes between 24% and 36% should be settled by both borrowers and lenders themselves, and established facts should be respected," Shi told reporters. That is to say, it is not protected, but the parties are willing to perform it automatically and have no objection.
He added that the demarcation of 36% may have a greater impact on private lending. In reality, there are many cases where the comprehensive interest rate exceeds 36%.
In addition, Chen, president of Lazy Investment, an Internet financial platform, told reporters that we should be wary of platforms with too high interest rates, because too high interest rates cannot be guaranteed, which can effectively limit the development of platforms that attract investors.
According to the Supreme Law, over the past 30 years of reform and opening up, the scale of private lending in China has been expanding. With the extensiveness and diversification of borrowers, the development of private lending has directly led to a large number of lawsuits.
In 20 14 years, there were 1024 thousand cases of private lending in China, up19.89% year-on-year; In the first half of 20 15, 526,000 cases were concluded, up by 26. 1% year-on-year. At present, private lending has become the second kind of civil litigation after marriage and family, and the amount of the subject matter of litigation is also increasing year by year, which has aroused widespread concern from all walks of life.