Section 96B: Limitation of interest
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
96B. Limitation of interest
(1) Notwithstanding articles 1154 and 2202-6 of the Code Civil Mauricien, where the amount of the principal of a non-performing loan or credit
facility granted in Mauritius currency on or after 1 January 2014 in respect
of an individual is outstanding and the interest, in accordance with the contract between the bank or non-bank deposit taking institution and the individual, is equal to the outstanding amount of the principal, only simple interest at the prevailing Repo rate determined by the central bank shall be
charged on the outstanding balance of the principal.
(2) Notwithstanding section 16 of the Borrower Protection Act, no bank
or non-bank deposit taking institution shall, in respect of any individual,
charge penalty interest at a rate exceeding 2 per cent per annum above the
normal interest rate chargeable under the contract referred to in subsection (1).
(3) No penalty or interest on a penalty shall, in respect of an individual,
be charged by a bank or non-bank deposit taking institution, on the early
repayment of any outstanding amount of a loan taken by, or credit facility
referred to in subsection (1) granted to, that individual.
[S. 96B inserted by s. 3 (p) of Act 27 of 2013 w.e.f. 21 December 2013.]
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Questions this section answers
- Is there a cap on the penalty interest a bank can charge me above the normal rate?
- Can my bank charge me a penalty for repaying my loan early?