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It's usury, it's against the law.
1. The two parties agreed on the interest According to the relevant provisions of the Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases issued by the Supreme People's Court in 2015, 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. Therefore, the principal amount of private loan sharks in private lending is protected, and the interest rate not exceeding 24% of the bank's interest rate on similar loans is also protected by law, while the interest rate exceeding 36% is not protected by law.
2. If the agreement between the two parties is unclear, if the agreement between natural persons on the interest is unclear, the court will not support the interest during the period. In addition to loans between natural persons, where natural persons, legal persons, other organizations lend money between or among themselves, and the interest agreement is unclear, the court shall comprehensively consider factors such as the transaction method, trading habits, and market interest rate to determine the interest, that is, the court shall determine the final interest, and generally calculate the interest according to the bank's loan interest rate for the same period.
3. If the two parties have not agreed on the interest, the lender's claim for interest during the period is not supported by the court. The court does not support the part of the interest that the borrower voluntarily pays and later repents of claiming a return on the grounds of unjust enrichment, and does not exceed 36% of the annual interest rate; However, the court has always supported the return of interest on the part of the red line of 36%.
4. The loan contract is still legal and valid.
Chapter 12 of the Contract Law stipulates that a loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest. In addition, the content of the loan contract includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.
Generally, it is in written form, unless otherwise agreed upon in the loan between natural persons, so the IOU of the parties in this case is also a special form of embodiment of the contract. In addition, the Several Opinions on the Trial of Loan Cases by the People's Courts only excludes the excess interest, but does not negate the interest within the principal and limit.
Generally, the annual interest rate of usury is more than 36%, and if you borrow 100 yuan, you will pay more than 36 yuan of interest a year. Individual interest rates can reach 100%-200%. In the history of our country, the annual interest rate of usury generally reached 100%, and it was "rolling interest", that is, 200 yuan should be repaid after borrowing 100 yuan for one year, and if it cannot be returned when it expires, 400 yuan should be repaid in the second year, and 800 yuan in the third year.
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If you take a loan of 10,000 yuan a month, the interest is 600, then it is 7,200 yuan a year, and the annual interest rate is as high as 72%, which must be a loan shark. is against the law. The court ruled that more than 36% could not be returned.
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As the title suggests, the monthly interest rate6 is usury. Private lending, you and I are willing to talk about not breaking the law. However, if the borrower is unable to pay the default, and the creditor has no recourse to seek a legal solution, the court will not support the unreasonable overrun interest rate and will not receive legal protection.
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This is not illegal, if you say it when you borrow money, it is not illegal.
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The monthly interest rate is 600 10000 6, and the annual interest rate is 6 12 72, which is too high and is not protected by law.
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I think the interest you said is quite good, every month is equivalent to 6% of the monthly interest, the annual interest is very high, not to mention the monthly interest, so that your annual interest rate reaches 72%...This is too high, can it be illegal fundraising, capital disk! Don't be deceived, safety comes first!
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Depending on your situation, the APR is:
This is a typical loan shark!
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Summary. Hello, a 10,000 yuan a month interest is 600 yuan is a high interest and illegal behavior. If the interest rate agreed by the borrower and the borrower is within 24% per annum, the interest is legal.
However, if the agreed interest rate is more than 36% per annum, the excess interest is not legal.
Hello, consult the teacher for your service, please wait a moment.
Hello, a 10,000 yuan is a ruined monthly interest of 600 yuan, which is a high interest and illegal behavior. If the interest rate agreed by the borrower and the borrower is less than 24% per annum, the interest is legal. However, if the agreed annual interest rate exceeds 36%, the interest on the excess part is not legal.
I'm glad to answer for you this time! If you are satisfied with my above targeted reply, you can give me a thumbs up and tremble, and click on my avatar to follow, and rush to the cavity for targeted consultation. Looking forward to solving your problems next time!
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Legal analysis: No, the monthly interest of 10,000 yuan is 60, which is equivalent to the annual interest. At present, the upper limit of judicial protection of private lending interest rate is about 15%, and private lending is protected by national law within 15% annual interest, which means that it is legal for the annual interest rate not to exceed 15%.
The Supreme People's Court issued new regulations to clearly determine the upper limit of judicial protection for private lending interest rates based on four times the one-year loan market ** interest rate (LPR) issued by the National Interbank Lending Center authorized by the People's Bank of China on the 20th of each month, replacing the "two lines and three zones based on 24% and 36%" in the original Provisions. Based on the latest one-year loan market** interest rate of 4 times, the upper limit of judicial protection of private lending interest rate is a significant decrease compared with the past 24% and 36%.
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.
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It's not high, you can get a loan. According to the law, it is legal to borrow an annual interest rate of less than 24%, and it is illegal for the annual interest rate to exceed 36%, and the interest on the excess part is not protected by law, and this part of the interest can not be repaid.
Extended information: The loan interest rate is the interest rate charged by banks and other financial institutions to borrowers when they issue loans. It is mainly divided into three categories: ** bank-to-commercial bank loan interest rate, commercial bank loan interest rate to customers, and interbank lending rate.
The determinants of bank loan interest are:
Bank costs. Any economic activity requires a cost-benefit comparison.
Average profit margin. Interest is the repartition of profits, and the interest must be less than the profit rate, and the average profit rate is the highest limit of interest.
The supply and demand of borrowed money funds. When supply exceeds demand, lending rates will inevitably fall, and vice versa. In addition, the loan interest rate must also take into account the factors of price changes, valuable income factors, political factors, etc.
However, some scholars believe that the highest limit of the interest rate should be the marginal rate of return of the capital. The constraint on the interest rate is seen as the ratio of the increase in profits after borrowing bank loans to the amount borrowed by enterprises compared with the interest rate on loans. As long as the former is not less than the latter, the business may borrow from the bank.
Notes on loans:
1. When applying for a loan, the borrower makes a correct judgment on his ability to repay. Design a repayment plan according to your income level and leave appropriate leeway so as not to interfere with your normal life.
2. Choose a suitable repayment method. There are two types of repayment methods: equal repayment method and equal principal repayment method, once the repayment method is agreed in the contract, it cannot be changed throughout the loan period.
3. Repay the loan on time every month to avoid penalty interest. From the next month after the loan is initiated, the loan disbursement time of the next month is generally the repayment date, so as not to cause default penalty interest due to your own negligence, resulting in the failure of the bank to approve the loan application again.
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The monthly interest rate is 60 yuan, which should be according to the loan method of interest first and principal later. The interest is 2 yuan a day, and the converted annualized interest rate is. Depending on what kind of loan you are making, the current business loan is generally in the credit loan and the consumer loan is about 7%.
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It's not so cheap, it's definitely a lie.
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If you figure out the annual interest rate, it will be easy to solve the problem, for example, the annual interest rate is 10%, and the annual interest rate of 10,000 yuan is 1,000 yuan. Your $10,000 is 1,000 for half a year, and the interest is 2,000 a year, and the interest rate is 20%.
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The interest of 10,000 yuan for 6 months is 1,000 yuan, and the interest for 12 months is 2,000 yuan.
The interest rate is: 2000 10000 = 20%.
Very high. It's almost the same as the annual interest rate for credit card cash withdrawals.
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The interest rate of 10,000 6 months is 20 percent, which is not usury, and the interest rate is more than 30 percent.
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36%, the annual interest rate of general usury is more than 36%, that is, borrowing 100,000 yuan, and the annual interest must be repaid 36,000 yuan. Individual loan sharks can have interest rates of 100%-200%. 1. How much is the interest rate of usury in general, usury refers to loans with an interest rate higher than the legal maximum interest rate, and usury is prohibited by law, and usury is not protected by law.
According to the law, the interest rate of the loan shall not exceed four times the interest rate of the one-year loan market at the time of the conclusion of the contract, and if it exceeds this standard, it is a usury.
The first paragraph of Article 680 of the Civil Code stipulates that usurious lending is prohibited, and the interest rate of the loan shall not violate the relevant provisions of the state.
Article 25 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases stipulates that if 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.
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.
2. Is it legal for private loan sharks?
The difference between the crime of usury and usury is that the crime of usury is the act of the lender taking the credit funds of a financial institution and lending to others at usury. If the lender uses its own funds to lend to others at usury, it is an act of usury in private lending, and does not constitute the crime of usury on-lending.
Private lending includes legal private lending and illegal usury. If the interest rate agreed by the parties to a private loan is higher than four times the interest rate of the bank loan in the same period, it is usury, and the law does not protect the part of the interest that is exceeded. In other words, private usury is neither a criminal act nor a legitimate private loan.
According to the above content, we know that the interest of usury is calculated according to the bank loan interest rate of the same period, and the details can be understood from the above. If you have any questions about the above issues, you may wish to ask the lawyer of Legal**, and the professional lawyer can answer your questions.
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Summary. Dear, I'm glad to answer for you, 10,000 yuan a month interest is 600 yuan is a high interest is illegal. Usury is illegal, and interest in excess of the legal standard is not protected, but it does not constitute a crime.
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 agreed interest rate exceeds the annual interest rate of 36, the excess part shall be invalid.
Dear, I'm glad to answer for you, 10,000 yuan a month interest is 600 yuan is high interest is illegal. Usury is illegal, and interest in excess of the legal standard is not protected, but it does not constitute a crime. 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 agreed interest rate exceeds the annual interest rate of 36, the part of the excess is invalid.
Interest refers to the remuneration received by the creditor of the currency holder from the borrower (debtor file) for lending money or monetary capital. This includes interest on deposits, loans, and interest on various bonds. Under capitalism, the source of interest is the surplus value created by wage workers.
Interest is essentially a form of transformation of surplus value, a part of profits.
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Legal analysis: 600 per month for 10,000 is considered a high interest. At present, the maximum interest rate for private lending is four times the interest rate of the loan market** (i.e.
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 30 Where the lender and the borrower have agreed on the overdue interest rate, liquidated damages or other expenses, the lender may choose to claim overdue interest, liquidated damages or other expenses, or they may claim together, but the people's court shall not support the portion of the total amount exceeding four times the interest rate of the one-year loan market at the time of the conclusion of the contract.
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It's usury. If you borrow 10,000 yuan and the interest is 1,000 a month, the income is 1 cent, the monthly interest rate is 10, and the annual interest rate is 120.
The state stipulates that the income is greater than 3 cents, or the annual interest rate is greater than 36, which is usury. The income of 1 cent is already in the category of serious usury.
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