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This page was modified on 3/24/2006
Late Charge - Commercial Loan

Question:  We are making a very large commercial loan and were reviewing our note provision regarding late charges.  Right now, we have them capped at $250.  That seems too low for this transaction.  What are our legal parameters?

Answer:  5% after 10 days.  HB 955 deleted the word "reasonable" and left a simple permissible late charge of 5% after 10 days.  You had capped your late charge to assure that the borrower couldn't complain about the "reasonableness" of the late charge.



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If you would like to comment on legislative topics or if you have questions about this information please call our public affairs expert, Mae Beth Palone at (800) 749-4228 or E-mail mbpalone@ibat.org.

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