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.