What is statutory interest?
Statutory interest is the rate set by law that a creditor can charge on overdue payments. In the U.S., this rate varies by jurisdiction and the nature of the debt. For instance, federal contracts are governed by the Prompt Payment Act, while state laws dictate rates for other types of debts.
Understanding the applicable statutory interest rate is crucial, as it ensures that any interest charged is legally compliant and justifiable.
What is the difference between statutory interest and contractual interest?
Contractual interest is the interest rate that two parties agree upon in a written contract, such as payment terms or loan agreements. This rate must comply with state usury laws, which limit how much interest can legally be charged. Unlike statutory interest, contractual interest gives businesses more flexibility but also requires careful documentation.
In short, statutory interest is legally imposed; contractual interest is privately negotiated—both can apply depending on the nature of the agreement and the governing law.