For account overdrafts, a usurious loan to a natural person acting for business purposes or to a legal person engaged in an industrial, commercial, craft, agricultural or non-commercial professional activity is any contractual loan granted at an overall effective rate which, at the time it is granted, exceeds by more than one third the average effective rate charged during the previous quarter by credit institutions or finance companies for transactions of the same nature involving similar risks, as defined by the administrative authority after consulting the Comité Consultatif du Secteur Financier.
The conditions for calculating and publicising the average effective rates mentioned in the first paragraph are set by decree.