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Statutes

"(a) Except as provided in Article III of this act, the maximum lawful rate of interest for the loan or use of money in an amount of fifty thousand dollars ($50,000) or less in all cases where no express contract shall have been made for a less rate shall be six per cent per annum. (b) The maximum lawful rate of interest set forth in this section shall not apply to:
(1) an obligation to pay a sum of money in an original bona fide principal amount of more than fifty thousand dollars ($50,000);
(2) an unsecured, noncollateralized loan in excess of thirty-five thousand dollars ($35,000); or
(3) business loans of any principal amount. (41 P.S. ยง 201)"

Cases

Comments

At least one Pennsylvania court has held that Pennsylvania law bars corporations from both using usury as a defense to a payment obligation as well as prohibiting the corporation from bringing suit to recover payments made by the corporation in excess of the otherwise applicable maximum rate of interest. Raby v. Commercial Banking Corp., 220 A.2d 659, 660 (Pa. Super. 1966).

Contributors

Lawrence F. Flick, II
Blank Rome LLP

The statutory information was edited and reviewed with the support of MultiState

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