Section 45.45.010. Legal rate of interest; prepayment of interest.

   (a) The rate of interest in the state is 10.5 percent a year and no more on money after it is due except as provided in (b) of this section.
   (b) Interest may not be charged by express agreement of the parties in a contract or loan commitment that is more than the greater of 10 percent or five percentage points above the annual rate charged member banks for advances by the 12th Federal Reserve District on the day on which the contract or loan commitment is made. A contract or loan commitment in which the principal amount exceeds $25,000 is exempt from the limitation of this subsection.
   (c)   [Repealed, Sec. 3 ch 84 SLA 1973].
   (d)   [Repealed, Sec. 2 ch 94 SLA 1981].
   (e)   [Repealed, Sec. 4 ch 146 SLA 1974].
   (f) A bank, credit union, savings and loan institution, pension fund, insurance company, or mortgage company may not require or accept any percent of ownership or profits above its interest rate. This subsection does not apply to a loan if the principal amount of the loan is $1,000,000 or more and the term of the loan is five years or more, or to a negatively amortizing loan secured by owner-occupied real property originated under a program approved or sponsored by
        (1) the federal government, including congressionally chartered national corporations; or
        (2) the state if
             (A) the real property that secures the loan is not subject to forced sale provided the owner has not violated the terms of the loan agreement including terms regarding
                  (i) payment of property taxes;
                  (ii) payment of hazard or fire insurance premiums;
                  (iii) keeping the property in reasonable repair;
                  (iv) not vacating the property for a period longer than 12 months;
             (B) the owner may not be evicted from the real property that secures the loan unless a term of the loan agreement regarding a matter listed in (A)(i) - (iv) of this paragraph has been violated;
             (C) neither the estate nor any heir of the former owner may be compelled to pay a deficiency judgment related to the loan; and
             (D) the estate or an heir of the former owner has a right of first refusal and may either pay off the loan balance in full, if the former owner had equity in the property, or pay a sum not to exceed 95 percent of the value of the property at the time of exercise of the right of first refusal as determined by an independent real estate appraiser licensed under AS 08.87.
   (g) Loan contracts and commitments covering one- to four-family dwellings may be prepaid without penalty, except federally insured loans that require a prepayment penalty.
   (h) If the limitations on interest rates provided for in this section are inconsistent with the provisions of any other statute covering maximum interest, service charges, or discount rates, then the provisions of the other statute prevail.

Authorities

6.05.209; 6.05.230; 6.20.320; 6.40.160; 6.45.060; 6.60.720; 9.30.070;14.43.147;16.43.160;16.43.511;18.56.098;23.30.155;29.47.420;32.06.965;34.45.380;36.90.200;36.90.210;36.90.230;36.90.250;42.06.400;44.81.010;44.88.190;45.45.020;45.45.030;45.45.040;45.45.050;45.45.060;45.98.060;46.08.075

Notes

References

11 AAC 86.772
15 AAC 23.243
17 AAC 42.020
17 AAC 42.125
17 AAC 42.420
17 AAC 45.020
17 AAC 45.055
17 AAC 45.125
17 AAC 45.420
18 AAC 34.900
18 AAC 60.700
20 AAC 15.972
3 AAC 06.120
3 AAC 14.515
3 AAC 51.040
3 AAC 52.430
3 AAC 52.445
3 AAC 52.500
8 AAC 45.136
8 AAC 45.142
8 AAC 45.162
AS 6.05.209 .209">Sec. 06.05.209. Credit cards.
AS 6.05.230 .230">Sec. 06.05.230. Investment in property and banking premises.
AS 6.20.320 .320">Sec. 06.20.320. Civil penalties.
AS 6.40.160 .160">Sec. 06.40.160. Consequences of violations.
AS 6.45.060 .060">Sec. 06.45.060. Powers of a credit union; remedy for interest violations.
AS 6.60.720 .720">Sec. 06.60.720. Order of fund claim payment.
AS 9.30.070 .070">Sec. 09.30.070. Interest on judgments; prejudgment interest.
AS 14.43.147 Order to withhold and deliver.
AS 16.43.160 Fees.
AS 16.43.511 Vessel permit fees.
AS 18.56.098 Special mortgage loan purchase program.
AS 23.30.155 Payment of compensation.
AS 29.47.420 Interest rate.
AS 32.06.965 Supplemental principles of law.
AS 34.45.380 Filing of claim with department.
AS 36.90.200 Payment deadline and interest.
AS 36.90.210 Required contractual terms.
AS 36.90.230 Withholding payment for unsatisfactory performance.
AS 36.90.250 Retainage.
AS 42.06.400 Suspension of tariff filing.
AS 44.81.010 Alaska Commercial Fishing and Agriculture Bank.
AS 44.88.190 Operation of certain statutes excepted.
AS 45.45.020 Higher rate of interest prohibited.
AS 45.45.030 Action for recovery of double amount of usurious interest paid.
AS 45.45.040 Usurious rate as working forfeiture of entire interest.
AS 45.45.050 Recovery by assignee of usurious contract of amount paid.
AS 45.45.060 Contract not usurious because of agreement to pay taxes.
AS 45.98.060 Penalty provision.
AS 46.08.075 Liens against property as security for state expenditures.

History

(Sec. 25-1-1 ACLA 1949; am Sec. 20 ch 143 SLA 1968; am Sec. 2 ch 69 SLA 1969; am Sec. 1, 2 ch 94 SLA 1969; am Sec. 1, 2 ch 239 SLA 1970; am Sec. 1 - 3 ch 84 SLA 1973; am Sec. 1 - 4 ch 146 SLA 1974; am Sec. 1 ch 110 SLA 1976; am Sec. 1 ch 159 SLA 1976; am Sec. 2 ch 107 SLA 1980; am Sec. 1, 2 ch 94 SLA 1981; am Sec. 1 ch 56 SLA 1982; am Sec. 1 ch 51 SLA 1998; am Sec. 1 ch 29 SLA 2011)