Good morning,
Are you speaking of the usury maximum for the interest rate? We interpreted it as usury max on APR for a long time, until we realized the maximum threshold was actually the actual interest rate itself (*see below). We also opt use the Credit Union statute for rate, even though we are not a Credit Union. Bank’s max is 8% per annum, but credit union’s is a little more flexible.
286.6-435 Interest rate. (Credit Unions)
The *interest rates* on loans shall be determined by the board of directors, not to exceed two percent (2%) per month on unpaid balances.
Effective: July 13, 1984/ History: Created 1984 Ky. Acts ch. 408, sec. 44, effective July 13, 1984./ Formerly codified as KRS 290.435.
The only time the APR exceeded 24%, was when we had a small loan amount, with a short payback. It helped when we set the minimum loan amount to $1,000, but then we took another look and interpreted it to mean actual interest rate, and not APR as we once thought.
When we did exceed 24% APR (in the past), we lowered fees first. If that didn’t work, we would lower the rate accordingly…just enough to land under the max. We tried to make sure and be consistent, to avoid any fair lending criticism by our (FRB) regulators.
**I’m sure hoping someone will either agree with me in reference to the INTEREST rate vs ANNUAL PERCENTAGE rate, and/or clarify the statute.** =]