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Now how much interest on private lending?

Asked by: @a. *** City: Nationwide Tags: Private lending interest Question Time: 2017-11-25 12:29
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  •             Enthusiastic users
    2017-11-26 18:24
    Private lendingThe interest can be freely agreed upon by both parties as long as the agreed interest does not exceed the bank's contemporaneousLending ratesFour times, are protected by law. Even if it exceeds four times the bank lending rate over the same period, as long as the other side is willing to give the law will not take the initiative to intervene, only those who owe money have no ability to repay, was sued to the court, the court will only rule the interest within four times. Now the same period in our countryBank loanAnnual interest rateIs 5.6%, multiplied by 4, equal to 22.4%, so within this range is legally protected.
    Several Opinions on Trial of Private Lending Cases by People's Courts
    Sixth, the interest rate of private lending may be higher than the interest rate of banks. People's courts in different regions may have specific control over the actual situation in the region, but the maximum interest rate may not exceed four times (including the interest rate) of interest rates of similar lending banks. Exceeds this limit, the excess part of the interest is not protected.
    Seven, the lender shall not be included in the principal interest payments for profit. During the trial, when creditors found interest in principal amount calculated compound interest, the interest rate exceeded the limit set in Article 6, the excess part of the interest would not be protected.
    X. One party shall use fraudulent, intimidating or other means of danger or risk of taking passengers, so that the lending relationship formed by the other party against the true meaning shall be deemed invalid. Invalid loan relationship is caused by the behavior of the creditor, and only the principal is returned; the loan relationship is invalid caused by the debtor's behavior. In addition to returning the principal, interest should also be paid according to the interest rate of similar loans of the bank.
    Article 200 of the "Contract Law of the People's Republic of China" shall not be deducted from the principal amount of interest in advance. If the interest is deducted from the principal in advance, the loan shall be returned in accordance with the actual loan amount and interest shall be calculated.
  •             Enthusiastic users
    2017-11-26 12:35
     Private lendingIs a civil act, subject to the civil law and the contract law constraints and protection, the law provides for the highest interest on private lending, but did not agree on the minimum interest.
    According to Article 211 of the Contract Law, "Interest rates agreed upon in the loan contracts between natural persons shall not violate the provisions of the state on the interest rates for loans".
    At the same time, according to the relevant provisions of the Supreme People's Court's Opinions on Several Opinions of People's Courts on Lending Cases: "The interest rate of private lending may be higher than the interest rate of banks, but the maximum interest rate may not exceed that of banksLending ratesFour times. "Therefore, the principal of private lending is protected, no more than four times the interest rate of bank lending similar interest by the law, while the excess is not protected by law.
    In the same period, the benchmark interest rate refers to the benchmark interest rate announced by the Central Bank. For one year, the benchmark interest rate is about 5% and 4 times is 20%. More than 20% is the legalized loan shark.
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