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The annual interest rate is not more than 24%, which is 2 cents.
This is the interest rate of the judicial reserve.
If the interest that has been paid is not returned, the interest that has been paid will not be returned, and the interest that has not been paid can be waived.
If the interest exceeds 2 cents, and in the event of an economic dispute, the principal part will be returned at most, and the interest part will not be supported.
Because it has exceeded the range of interest rates in the judicial reserve.
If it is maliciously inflated interest, the amount is huge, and the relevant responsibility will be investigated.
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This depends on what you put from **, the interest rate of 10% is not high, like micro loans, China Merchants Bank e-loans are almost more than 10%, the law clearly stipulates that it cannot exceed 23%, and the excess part will not be protected by law, if you are put by a legal platform, there is no problem, if you are illegal financing, it is illegal.
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Usury bonds are defined by law, with a monthly interest rate of 10 percent, which is definitely illegal, and it must be usurious debts, and usurious debts are not protected by law, and violent collection will of course lead to jail time.
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The interest on a loan that exceeds twice the bank interest rate is not protected by law, but if there is no violent collection and other circumstances, it will not constitute a crime and will not be imprisoned.
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I think you belong to the high-interest behavior, it should belong to the underworld forces, it depends on whether the matter is serious, if it is serious, you may go to prison.
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An interest rate of up to 24% per annum is recognized. If the monthly interest rate is 10%, it must be a loan shark.
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No, as long as it doesn't exceed national regulations.
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Legal Analysis: Not Legal. The monthly interest rate of 10% is converted into an annual interest rate of 120%, which is far more than the legal limit of 36%. The law stipulates that if the interest rate agreed between the borrower and the borrower exceeds 36% per annum, the interest agreement on the excess part shall be invalid.
Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases Article 27 After the settlement of the principal and interest of the previous loan, the borrower and the borrower shall include the interest in the principal of the later loan and re-issue the creditor's rights certificate, if the interest rate in the early period is not wide and exceeds the one-year loan market interest rate of the contract into Lao Xiang immediately by four times, the amount stated in the re-issued creditor's rights certificate can be recognized as the principal of the later loan. The interest on the excess part shall not be recognized as the principal of the later loan.
If, calculated in accordance with the preceding paragraph, the sum of the principal and interest payable by the borrower after the expiration of the loan period exceeds the sum of the principal of the initial loan and the interest for the entire loan period calculated on the basis of the principal of the initial loan and four times the interest rate of the one-year loan market ** at the time of the conclusion of the contract, the people's court shall not support it.
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Legal analysis: If the annual interest rate is 10%, this situation is within the range set by the state and cannot be considered usury.
Legal basis: Article 680 of the Civil Code of the People's Republic of China prohibits usurious lending, and the interest rate of the loan 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 to have no interest.
If the loan contract is not clear about the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest.
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases》 Article 25 Where the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except where the interest rate agreed upon by both parties exceeds four times the interest rate of the one-year loan market at the time of the conclusion of the contract.
The "one-year loan market ** interest rate" mentioned in the preceding paragraph refers to the one-year loan market ** interest rate authorized by the People's Bank of China to be released monthly by the National Interbank Lending Center from August 20, 2019.
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Illegal. The monthly interest rate of 10% is converted into an annual interest rate of 120%, which is far more than the legal limit of 36%. The law stipulates that if the interest rate of the borrower and the borrower exceeds 36% per annum, the interest agreement on the excess part shall be invalid.
1. What is the maximum interest upheld by the court.
The maximum interest rate upheld by the court is 24% per annum, and the interest rate agreed between the borrower and the borrower exceeds 36% per annum, and the interest agreement on the excess part is invalid. Where the borrower requests the lender to return the interest paid in excess of 36% of the annual interest rate, the people's court shall support it.
Article 26 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases provides that if the interest rate agreed between 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's court shall support it.
If the interest rate agreed between the borrower and the borrower exceeds 36% per annum, the interest agreement on the excess part shall be invalid. Where the borrower requests the lender to return the interest paid in excess of 36% of the annual interest rate, the people's court shall support it.
2. Is it legal to pay for mobile phone installment on financial platforms.
Mobile phone installment is a personal consumption loan, and the annual interest rate of the loan is legal according to the relevant laws and regulations, and the interest rate agreed upon by the two parties 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's court shall support it. If the interest rate agreed between the borrower and the borrower exceeds the annual interest rate between 24% and 36%, it shall be handled according to the wishes of the borrower and the borrower, and the interest rate agreed between the borrower and the borrower exceeds 36% per annum, and the interest agreement on the excess part shall be invalid. Where the borrower requests that the lender return the part of the interest paid in excess of 36% of the annual interest rate, the people's court shall support it.
3. What is 1/10,000 of the liquidated damages?
Liquidated damages can be calculated on a daily basis, 3/10,000 per day, converted into an annual interest rate: 365 days multiplied by 3/10,000 per day. The popular saying is that if you make a little more profit a year, the agreement is legal and valid.
1. If the interest rate agreed between 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's court shall support it.
2. If the interest rate agreed between the borrower and the borrower exceeds 36% of the annual interest rate, the interest agreement on the excess part shall be invalid. Where the borrower requests the lender to return the interest paid in excess of 36% of the annual interest rate, the people's court shall support it.
Article 27 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases Article 27 After the principal and interest of the previous loan are settled, the borrower and the borrower shall include the interest in the principal of the later loan and re-issue the creditor's rights certificate, if the interest rate in the early period does not exceed four times the one-year loan market ** interest rate at the time of the conclusion of the contract, the amount stated in the re-issued creditor's rights certificate may be recognized as the principal of the later loan. The interest on the excess part shall not be recognized as the principal of the later loan. According to the calculation of the preceding paragraph, if the sum of the principal and interest payable by the borrower after the expiration of the loan period exceeds the sum of the principal of the initial loan and the interest of the entire loan period calculated based on the initial loan principal and four times the one-year loan market interest rate at the time of the conclusion of the contract, the people's court shall not support it.
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Legal analysisThe maximum interest rate for private lending is four times the interest rate for bank loans. The relevant law stipulates that if there is no interest agreement in the loan contract, but it can be proved that the monthly interest rate has been agreed at seven cents, the court will support it, but if the agreed interest exceeds four times the bank interest rate for the same period, the excess part is illegal and the court does not support it.
Where the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except where the interest rate agreed upon by both parties exceeds four times the one-year loan market interest rate at the time of the conclusion of the contract.
Legal basisArticle 680 of the Civil Code of the People's Republic of China prohibits usurious lending, and the interest rate of the loan 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 to have no interest.
If the loan contract is not clear about the payment of interest, and the parties are unable to reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest.
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If you don't like it, it's 0, and if you like it, you'll hang a tree, this is the Libra man, psps me
Who told you this, how I don't know.
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