Is the bank 10,000 a year 27 private 400 within the protection of the law

According to what you said, if the bank has an interest of 10,270 yuan, the private person gives you 400 yuan, which is within the protection of the law.

In China's judicial practice, it is common to use the benchmark loan interest rate announced by the central bank as the "bank interest rate of the same kind of loan" in adjudication. Previously, the upper limit of the annual interest rate of private lending was 4 times the interest rate of the same period of the same period as the bank.

On the morning of August 6, 2015, the Supreme People's Court promulgated the 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"). The judicial interpretation will come into force on September 1. Among them, it is clear that the annual interest rate of private loans within 24% is protected by law, and more than 36% is invalid.

Article 26 of the Provisions makes it clear that if the interest rate agreed between the borrower and the borrower does not exceed 24% per annum, the lender has the right to request the borrower to pay interest at the agreed interest rate, but if the interest rate agreed between the borrower and the borrower exceeds 36% per annum, the interest exceeding 36% per annum shall be deemed invalid, and the borrower has the right to request the lender to return the interest paid in excess of 36% per annum.

According to Article 6 of the Several Opinions of the Supreme People's Court on the Trial of Loan Cases by the People's Courts, the maximum interest rate of private lending shall not exceed four times the interest rate of similar loans of banks.

The 24% annual interest rate stipulated by the state doesn't ask you for a penny, where did you borrow it?

In China, if a private person borrows money without an agreed interest rate when borrowing money, it is regarded as an interest-free loan, and depending on your literal meaning, the interest should be agreed. According to the relevant provisions of the Several Opinions of the Supreme People's Court on the Trial of Loan Cases by the People's Courts, "the interest rate of private loans may be appropriately higher than the interest rate of banks, but the maximum interest rate of similar loans of banks shall not exceed four times".

Bank RMB Loan Interest Rate Table Annual Interest Rate %

Annual interest rate % 1. Short-term loans.

Six months inclusive

Six months to one year inclusive

2. Medium and long-term loans.

1 to 3 years inclusive

Three to five years inclusive

Strictly speaking, it violates the law, and the law stipulates that the interest rate of private loans shall not exceed four times the interest rate of the bank's deposit and loan in the same period.

Yes, as long as it is not more than four times the size of the bank, it is protected.

It is certain that the interest rate of private loans is higher than that of banks, but the scope of legal support is that the maximum interest rate of bank fixed interest shall not exceed four times.

The interest of private loans is agreed by both parties, but if it exceeds four times the bank loan interest rate in the same period, it is not protected by law, that is to say, if the borrower does not repay the money, the creditor sues the court, and the court decides, it will only judge the interest according to four times the bank loan interest rate in the same period, and the excess is not judged, the specific algorithm: if the annual interest rate is 6%, then the monthly interest rate is calculated as 6% (divided by 12 months = , the specific monthly interest is calculated as principal x monthly interest rate x number of months = total interest, if it is four times, multiply by 4, If the daily interest rate is calculated is 6% (divided by 360 days = , the interest is calculated as principal x interest rate x number of days = total interest, and if it is four times and multiplied by four.

Several Opinions on the Trial of Private Lending Cases by the People's Courts

VI. The interest rate on private loans may be appropriately higher than the interest rate of banks, and the people's courts in each region may specifically grasp it based on the actual situation in their respective regions, but the maximum must not exceed four times the interest rate of the same type of bank loans (including the interest rate itself). If this limit is exceeded, the interest on the excess part shall not be protected.

7. The lender shall not include the interest in the principal for usury. During the trial, if it is found that the creditor includes the interest in the principal to calculate compound interest, the interest on the excess part shall not be protected if the interest rate exceeds the limit provided for in Article 6.

10. A loan relationship formed by one party by means of fraud, coercion or other means, or by taking advantage of the danger of others, so that the other party violates its true intentions, shall be deemed invalid. If the invalidity of the loan relationship is caused by the creditor's behavior, only the principal shall be returned; If the invalidity of the loan relationship is caused by the debtor's behavior, in addition to the return of the principal, interest shall also be paid with reference to the interest rate of the same type of bank loan.

Private usury is illegal... The interest is about seven times, and borrowing money to make IOUs is protected by law, but borrowing usury is not good. Loan sharks have specialized companies, which is called legalization haha.

Some big cities will have financial companies, which are legal usury and protected by law.

No more than 6 times the bank interest is sufficient. That is, the monthly interest rate shall not exceed 3 cents, and the annual interest shall not exceed RMB.

No more than four times the bank's lending rate for the same period is acceptable.

The bank here refers to the interest rate set by the People's Bank of China.

An interest rate of more than 36% per annum can be defined as usury, and the interest is not upheld by the courts.

According to the "Circular of the People's Bank of China on Banning Underground Money Banks and Cracking Down on Usury", the interest rate of private personal loans shall be determined by the borrower and the borrower through consultation, but the interest rate negotiated by the two parties shall not exceed four times the interest rate of the same period and grade of loans of financial institutions announced by the People's Bank of China (excluding floating). If it exceeds the above standards, it should be defined as usurious lending.

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:

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.

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.

It can be seen from the above that since September 1, 2015, after the implementation of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases, the standard of usury is no longer based on whether the annual interest rate exceeds 24%, but on whether it exceeds 36%, that is, if the annual interest rate does not exceed 36%, it is not usury.

Do you mean private lending? Interest more than 4 times the bank's interest rate for the same period is not supported.

The issue of interest rates on private loans.

1) Interest rate issues As for the interest rate of private loans, the Contract Law stipulates that the borrowing interest rate shall not violate the relevant provisions of the state on restricting the borrowing interest rate; The judicial interpretation specifically stipulates that the maximum agreed interest rate shall not exceed four times the interest rate of the same type of bank loan. In other words, the interest rate of private loans shall not exceed 4 times the bank loan interest rate in the same period, and the two parties can negotiate within 4 times the bank loan interest rate in the same period. If the current annual interest rate of one-year bank loans is 5%, the annual interest rate of one-year private loans shall not exceed 20%.

It can be summarized that within 4 times of the bank's loan interest rate for the same period is a legal interest rate, and if it exceeds 4 times, it is a usury, and the part of usury is not protected by law.

2) Interest issues 1. The law does not have a mandatory requirement for the interest of private loans, and the payment or non-compensation shall be agreed upon by both parties. If the parties have agreed on the interest, the borrower shall pay the interest as agreed; If the parties have no agreement on the interest or the agreement is not clear, it shall be deemed that the interest is not paid. Therefore, if the lender wants to collect interest, it must make a clear agreement on the interest, otherwise, it will be treated as interest-free.

2. Even if it is an interest-free loan, if the borrower fails to repay the loan within the time limit, the lender has the right to demand repayment of the overdue interest; or if the lender requests to repay the post-reminder interest on an irregular interest-free loan after being recalled, the interest may be calculated with reference to the interest rate of the same type of loan of the bank.

4 times the statutory interest rate, generally within 2 cents, the court supports!

The interest on deposits and loans of commercial banks shall be determined in accordance with the regulations of the People's Bank of China and within the scope of the benchmark interest rate and allowable fluctuations.

The interest on loans between private individuals cannot exceed four times the benchmark interest rate set by the People's Bank of China. If it exceeds four times, the law only protects it to four times, and the law does not protect more than four times.

It can be supported by no more than 4 times the bank interest rate announced by the People's Bank of China in the same period.

Not more than 4 times the interest rate of the bank loan for the same period.

Private lending is 4 times the interest rate of bank loans in the same period.

Generally speaking, less than four times the benchmark rate is legal.

The maximum shall not exceed four times the interest rate of the same type of loan of the bank (including the principal of the interest rate). If this limit is exceeded, the interest on the excess part shall not be protected. e68a8462616964757a686964616f31333365666331

The people's courts hearing loan cases should follow the principles of voluntariness, mutual benefit, fairness, and legality to protect the lawful rights and interests of creditors and debtors, and limit high interest rates. On the basis of trial practice, the following opinions are hereby put forward for reference and enforcement in the trial of such cases.

1. The part that exceeds four times the same type of loan from the bank.

source, not protected by law.

2. In accordance with Article 6 of the Several Opinions of the Supreme People's Court on the Trial of Loan Cases by the People's Courts.

3. The maximum interest rate of private loans shall not exceed four times the interest rate of similar loans of banks, and if it exceeds this limit, the interest on the excess part shall not be protected.

4. For example, if the annual interest rate of the same type of bank loan is 6% for a five-year term, the maximum annual interest rate for the loan is 24%, that is, the annual interest rate of more than 24% is not protected by law.

5. The part of the bank's similar loans within 4 times is protected by law, and the part exceeding 4 times of the bank's similar loans is not protected by law.

First of all, the national benchmark interest rate is bai, but the interest rate of each local party is different, and there is a high-quality situation depending on your qualification, and the interest rate of credit loans and mortgage loans is also different. Factors such as the type of business applied, credit status, and guarantee method are comprehensively priced.

There are four types of documents that need to be prepared for the loan:

1. Personal identity certificate: ID card, residence permit, household registration book, marriage certificate and other information;

4. Other materials required by the bank.