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On August 20, the Supreme People's Court officially issued the newly revised Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases (hereinafter referred to as the "Provisions"), which clarified that the upper limit of judicial protection for private lending interest rates is 4 times the one-year loan market ** interest rate (LPR), and replaced the "two lines and three zones" provisions based on 24% and 36% in the old "Provisions" with "one line and two zones". Taking the LPR on August 20, 2020 as an example, the interest rate of judicial protection for private lending contracts signed on the date of promulgation of the new Provisions is the upper limit.
Therefore, the annual interest rate of the 10% interest is 10%, which does not exceed the national standard.
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Super. More than 24% per annum (i.e. 2% per month) is legally valid and protected by law.
The annual interest rate is 24 36%, and if the debtor requests to pay the interest at the rate of 24% on the grounds that the interest rate is too high, the people's court cannot compel the borrower to perform according to the loan interest standard agreed by the original parties. Interest will be awarded at the rate of 24%.
More than 36% is usury, the coercive power of the state appears, the high interest that has been charged, confiscated!
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The law does not stipulate what is called standard interest.
Where the interest rate agreed upon by 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.
More than 36% is the implementation standard, that is, "the interest rate agreed by the borrower and the borrower exceeds 36% per annum, and the interest agreement on the excess part is invalid."
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Annual interest rate or monthly interest rate.
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It depends on whether you are talking about the daily interest rate, the monthly interest rate or the annual interest rate, and it also depends on the amount of your loan (borrowing). Take a loan (borrow) of 10,000 yuan as an example, if it is a daily interest rate, the daily interest is 10,000 yuan; If it is a monthly interest rate, the interest is 10,000 yuan a day, and if it is an annual interest rate, the interest is 10,000 yuan a day.
It is worth mentioning that if it is a daily interest rate, the annual interest rate is 216%, which is a completely impossible interest rate; If it is a monthly interest rate, the annual interest rate is a very reasonable and legal interest rate. The annual interest rate is very low, and it is impossible. So here it is tacitly assumed that you are asking for the monthly interest rate, so if you borrow (loan) 10,000 yuan, the interest for a year will be 10,000 yuan.
Interest = Principal Interest Rate Time.
1. Formula for calculating loan interest rates.
1) The interest rate conversion formula for RMB business is (Note: common for deposits and loans).
1.Daily interest rate (0 000) = annual interest rate (%)360 = monthly interest rate ( )30
2.Monthly interest rate ( ) = annual interest rate (%)12
2) Banks may calculate interest by using the accumulation method and the case-by-case interest calculation method.
1.The accumulation method is based on the actual number of days to accumulate the account balance on a daily basis, and the interest is calculated by multiplying the accumulated accumulation by the daily interest rate. The formula for calculating interest is:
Interest = Cumulative Interest-bearing Accumulation Daily interest rate, where Cumulative Interest-bearing Accumulation = Total Daily Balance.
2.The interest-based method calculates interest on a case-by-case basis according to the predetermined interest-bearing formula Interest = Principal Interest Rate The interest is calculated on a case-by-case basis over the term of the loan, and there are three specific points:
If the interest-bearing period is a whole year (month), the interest-bearing formula is:
Interest = Principal Year (month) number Year (month) interest rate.
If the interest-bearing period has a whole year (month) and a fractional number of days, the interest-bearing formula is:
Interest = Principal Year (month) number Year (month) interest rate + principal Fractional days Daily interest rate.
At the same time, the bank can choose to convert the interest-bearing period into the actual number of days to calculate the interest, that is, 365 days per year (366 days in leap years), and each month is the actual number of days in the Gregorian calendar of the month, and the interest calculation formula is:
Interest = Principal Actual Days Daily Interest Rate.
These three formulas are essentially the same, but since the interest rate conversion is only done for 360 days a year, the actual daily interest rate is calculated for 365 days a year, and the results obtained are slightly biased. Specifically, the central bank gives financial institutions the right to make their own choices. Therefore, the parties and the financial institution can agree in the contract in this regard.
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The interest rate percentage, commonly known as 6% interest, is the interest on the principal of 100 yuan.
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1. The daily interest rate, if you borrow 1000, the interest of one day is yuan. The calculation is as follows: 1000 multiplied equals yuan. Convert to adult interest rates.
It is. 2. Daily interest rate, also known as daily interest rate or daily interest rate. It refers to the ratio of the amount of interest on deposits and loans for one day to the amount of money borrowed. The daily interest rate is the interest calculated on a daily basis, expressed in a few ten-thousandths of the principal, usually called a few cents of a millimeter per day.
For example, the daily interest rate is 1%, that is, the principal is 1 yuan, and the daily interest is 1 cent. (1 centi. = yuan, one milli = yuan).
3. The daily interest rate actually refers to the daily interest rate, which we convert into the monthly interest rate.
calculated. If you continue to convert the adult interest rate, then it is. Bank benchmark lending rate.
Within one year (including one year), the interest rate is basically 5 times higher than that of the bank.
4. The daily interest is usually a loan product with daily interest to express the daily loan interest, for example, if you borrow 10,000 yuan and the daily interest rate, then the daily interest is yuan. The daily interest is still within the range of the legal interest rate, and the principal and interest calculated at this interest rate need to be repaid on time.
Extended Materials. 1. Is the daily interest rate high?
1. The daily interest rate is high, the daily interest rate is the daily interest rate of 10,000, and the adult interest rate is converted into a high interest rate, which is higher than the bank loan interest rate. In private lending.
As well as online loan platforms, the loan interest rate is also at a medium to high level, but it is within the legal range and is protected by law.
2. According to 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, 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; Where the interest rate agreed upon by the borrower and the borrower exceeds 36% of the annual interest rate, and the interest agreement on the excess part is invalid, and the borrower requests the lender to return the interest paid in excess of 36% annual interest rate, the people's court shall support it. In other words, although the daily interest rate is high, it is still within the range of legal protection.
3. Loan refers to the lending of monetary funds by banks or other financial institutions at a certain interest rate and on the condition that they must be returned.
A form of filial piety in credit activities, the simple and popular understanding of prudent change is to borrow money that requires interest. Banks can put out the concentrated money and monetary funds through loans, which can meet the needs of the society for supplementary funds for expanding reproduction and promote economic development. At the same time, banks can also obtain loan interest income and increase their own accumulation.
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If it is a private loan, the one-year LPR issued on the 20th of each month is 4 times the upper limit of judicial protection, that is, as of October 28, 2020, the one-year LPR is 4 times, which has been exceeded, then it is a usury. And this interest rate is a loan from a financial institution, so it is not considered usury.
Financial institutions still use the annualized interest rate of 36% as the basis for judging usury, and the part exceeding 36% is usury.
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There are several situations to determine whether it is usury: if it is a private loan, the upper limit of 4 times the one-year LPR issued on the 20th of each month is judicial protection, that is, on October 28, 2020, the one-year LPR is, 4 times by, *365 = , has been exceeded, then it is usury. This interest rate is a loan from a financial institution, so it is not a loan shark.
Financial institutions still use 36% of the annual interest rate as the basis for judging usury, and the part exceeding 36% belongs to usury. Private lending is a kind of civil behavior that is subject to civil law and contract law. However, Article 680 of the Civil Code provides:
Where a loan contract between natural persons stipulates the payment of interest, the interest rate on the loan shall not violate the provisions of the State restricting the interest rate on loans."
Extended Materials. 1.In the case of a private loan adjudicated by law on several issues covered by the provisions of the Supreme People's Court, the interest rate shall not exceed 24% per annum by agreement of both parties, and the lender shall have 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% per annum, the interest rate exceeding 36% per annum shall be deemed invalid. Article 26 stipulates that in the case of adjudicating a private loan, if the interest rate is agreed by the borrower and the borrower not to 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 upon by both parties exceeds 36% per annum, the interest rate agreement for the excess part shall be invalid. Where the borrower requests that the lender return the interest paid at an annual interest rate of 36% or more, the people's court shall support it.
Usury is illegal, but generally usury is resolved through litigation and is not within the scope of reporting. Private lending is a kind of civil behavior that is subject to civil law and contract law. However, Article 211 of the Contract Law provides:
Where a loan contract between natural persons stipulates the payment of interest, the interest rate on the loan shall not violate the provisions of the State restricting the interest rate on loans."
3.According to 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, where the interest rate agreed between the borrower and the borrower 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. If the interest rate agreed upon by both parties exceeds 36% per annum, the interest rate agreement for the excess part shall be invalid.
Where the borrower requests that the lender return the interest paid at an annual interest rate of 36% or more, the people's court shall support it.
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Summary. According to the known data provided by your side, can we calculate the annual interest rate and the daily interest rate is usury.
According to the known data provided by you, we can calculate the annual interest rate, so this interest rate is very high, and the annual interest rate has reached, relatively speaking, the maximum interest stipulated by the state is not more than 2%.
No more than 24%.
In other words, this is a wandering on the edge.
Therefore, from the comprehensive assessment, it does not belong to usury.
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