Overdue loans, refers to the loan contract agreement expires (including the extension after expiration) not repaid loans (excluding bad loans and bad loans).
Overdue loans
Has the repayment period than, but the borrower fails to perform the obligation of repayment of the loan. The bank invested in this type of lending money, may recover the future, also will not be paid back. Suffer great losses, for this type of loan, commercial banks usually charge penalty interest. Overdue loan assets belonging to the bank in question, so commercial banks should maintain higher capital reserve, reserve ratio is generally 50%.
What is overdue loans
The overdue loans, refers to the loan contract agreement expires (including the extension after expiration) not repaid loans (excluding bad loans and bad loans).
The bank invested in this type of lending money, may recover the future, also will not be paid back. Suffer great losses, for this type of loan, commercial banks usually charge penalty interest. Overdue loan assets belonging to the bank in question, so commercial banks should maintain higher capital reserve, reserve ratio is generally 50%.
Overdue loan ratio
Overdue loan ratio refers to the overdue loans to total loans.
Overdue loans ratio is used to reflect the loan repayment, it reflects the efficiency in the use of loans and assets risk program from whether the repayment schedule point of view. Monitoring of overdue loans ratio, the purpose is to promote the Bank of overdue loans as soon as possible and properly handle.
Applicable law of overdue loan interest calculation
A, overdue loan interest calculation method
207th contract law stipulates: "the borrower fails to repay the loan in accordance with the agreed time limit, shall be in accordance with the contract or the relevant provisions of the state pay overdue interest". Have abolished the economic contract law and regulations on loan contracts for overdue loan interest payments and the additional penalty are made clear, notice in 1995 the people's Bank "on the adjustment of loan interest rates on interest measures" (hereinafter referred to as the "notice") and 1999 "RMB interest rate management regulations" (hereinafter referred to as "Regulations") on overdue loans interest charged more detailed provisions, the Supreme People's court to deal with these problems made the corresponding reply.
In accordance with the above provisions, contact the actual trial, overdue loan interest calculation method mainly includes two kinds: one is according to the contract agreed period interest rate charged. The loan contract performance period, interest payment the borrower's interest rate, as long as it does not violate the people's Bank of the relevant financial institutions lending rates on the lower limit of the provisions, the private lending is not more than 4 times higher than the interest rate of bank loans, the interest rate can be calculated according to the agreed overdue loans overdue interest. Two is calculated in accordance with the relevant regulations of the people's bank. The interest bearing manner, the period of the loan interest rate to implement loan contract still follow the original agreement, when interest rate adjustments are not above, the adjustment in different periods after the expiration of loans made by the people's Bank to determine the interest rate, by using the interest method for calculating the overdue interest, in the collection of overdue interest at the same time, charge according to a certain proportion impose a punitive interest, or determined by the people's Bank of overdue loans impose a punitive interest rates, with the interest adjustment calculation of interest. At the same time, the performance of the contract after the expiration of the loan period and take quarterly bear interest (including a year short-term loans also monthly settlement), quarterly bear interest for the end of season 20, the borrower fails to pay interest, compound interest calculation.
The above two kinds of interest bearing manner, folk lending generally apply a way, a compound interest in land does not apply to private lending. Bank loan contract after a generally applicable, the first kind of interest, is not forbidden by law. Two kinds of bearing the way each has its characteristics, overdue interest according to the agreed, although can fully reflect the principle of autonomy within the law of the contracting parties, calculation method is simple, but if the late period longer, if national interest rate adjustment range, may cause the interest income is too high or too low, contrary to the spirit of civil law fair, in accordance with the relevant provisions of the people's Bank of interest on overdue loans, although can properly reflect the overdue loans with interest, but the implementation process is too complex.
Two, overdue loan interest calculation and the referee
First, how to determine the interest period. Calculation of interest shall be calculated from the date of the loan, interest shall be calculated in accordance with the provisions of the contract or interest, default interest date not in doubt, but the interest or the interest shall be calculated up to when, it is not explicitly stipulated.
A kind of opinion thinks, compounding of overdue loan interest and default interest shall be calculated into the judgment to the expiration date, the borrower fails to repay the loan principal and interest, bear civil liability for breach of the bottom line should be determined for the court to fulfill the expiration date, once the decision to determine the payment date, ruling will not allow the borrower to continue this is the default, mandatory, binding force, the court execution where, after the expiration of the borrower repayment if still not, should be in accordance with the provisions of the Civil Procedure Law of China 232nd, bear the delay of performance judgments responsibility, namely double interest payment of the surcharge for delay of performance, if the judgment performance before the expiry of the borrower early repayment, should be in the decision based on the corresponding reduce interest payments. This is borrowing both self reconciliation, also does not violate the law.
Another view of overdue loan interest and compound interest shall be calculated into the actual settlement of the loan, the borrower fails to effective judgment to fulfill the repayment, is not only refused to enforce the court decision behavior, relative to borrowers, as well as the breach to. An act of two properties, the lending guidelines on loan payment convenient enjoy dilatory fulfilment and liquidated damages two claims, and allow you to select one.
There is also another opinion, overdue loan interest should be calculated to lenders prosecution day. Because of examination evaluation of cases of disputes over a contract for loan of money people's court, should focus on the dispute between the parties, limited to the scope of the claim, the court shall not exceed the scope of the litigation request to pay interest on the loan; loan party brings a lawsuit, the people's court judgment that the borrower shall pay the loan and interest on the amount of, is an objective judgment of case in fact, the court accepted the borrower loan loan principal and interest owed, only to sue check, then belonging to the action and decision delay increased, not of the prosecution when the two sides dispute fact range. If you allow borrowing party through litigation, even judgment performance after the termination of default, so that the facts to determine whether the court? As in the sentence, taking into account the borrower may not be determined by the term for performance, then, where is the binding judgment? After the verdict, the borrower with the performance of the delay and the payment of interest on loans to increase the number of, what in determining that the verdict? The deadline and therefore should be calculated to sue for judgment interest.

The people's Bank of overdue loan interest rate (interest) of the previous adjustment
Overdue loan interest rates from May 1, 1996 to date at six to 4/10000
-- release date: May 2, 1996; number: silver (1996) No. 156; Name: "Notice of the people's Bank of China about reducing financial institutions deposit, loan interest rates"
In December 7, 1998 the overdue loan interest rate from 4/10000 to 3/10000
-- release date: December 5, 1998; number: silver (1998) No. 586; Name: "Circular on reducing deposit, loan interest rates"
In June 10, 1999 the overdue loan interest rate from day 3/10000 to day 2/10000 point adjustment (7.56% at an annualised rate)
-- release date: June 9, 1999; number: silver (1999) No. 192; Name: "the people's Bank of China Circular on reducing deposit, loan interest rates"
In January 1, 2004 the overdue loan interest rates from the 2/10000 point adjustment is charged in the loan contract specified in the loan interest rates 30%-50%
-- release date: December 10, 2003; number: silver (2003) No. 251; Name: "Notice of the people's Bank of Chinese on issues related to the RMB loan interest rates"