A usurious loan is any conventional loan granted at an overall effective rate that exceeds, at the time it is granted, by more than one third, the average effective rate charged during the previous quarter by credit institutions and 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 categories of transactions for loans to individuals not falling within the scope of 1° of Article L. 313-1 or not constituting a credit transaction for an amount in excess of 75,000 euros intended to finance, for buildings for residential use or for professional and residential use, expenditure relating to their repair, improvement or maintenance are defined on the basis of the amount of the loans.
Credits granted in connection with instalment sales are, for the purposes of this section, treated in the same way as conventional loans and considered usurious under the same conditions as loans of money for the same purpose.
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