By Dr. David Edward Marcinko; MBA MEd
SPONSOR: http://www.MarcinkoAssociates.com
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Overview
Statutory interest is a type of interest imposed by law to compensate a creditor or party deprived of timely payment. It applies when payments are overdue, such as in commercial transactions, government repayments, or court judgments, and serves both as a remedy for the affected party and a deterrent against late payments Unlike contractual interest, which is agreed upon between parties, statutory interest is set by legislation or regulation and may vary depending on jurisdiction and the type of debt.
Legal Basis
The legal foundation for statutory interest comes from statutes such as the Late Payment of Commercial Debts (Interest) Act 1998 in the UK, the Prompt Payment Act in the U.S., or other relevant national laws These laws define:
- When interest begins to accrue (e.g., after the due date or a specified grace period).
- The applicable interest rate (often a fixed rate plus a benchmark rate like the Bank of England base rate).
- The method of calculation (typically simple interest).
For example, in UK business-to-business transactions, statutory interest is 8% plus the Bank of England base rate for late payments.
Calculation
Statutory interest is generally calculated using the formula:
Interest = Principal × Rate × (Days Late / 365)
Where:
- Principal is the overdue amount
- Rate is the statutory interest rate expressed annually
- Days Late is the number of days the payment is overdue Interest accrues from the day after the payment was due until it is fully paid or legally recovered.
Practical Applications
- Commercial transactions: Businesses can claim statutory interest on late payments for goods or services.
- Government repayments: Tax authorities or public bodies may pay statutory interest on late refunds or overpayments.
- Court judgments: Courts may award statutory interest on sums owed under judgments.
- Statutory interest ensures fairness by compensating for the time value of money and encouraging timely payments, complementing contractual agreements when no specific interest terms are set.
SPEAKING: Dr. Marcinko will be speaking and lecturing, signing and opining, teaching and preaching, storming and performing at many locations throughout the USA this year! His tour of witty and serious pontifications may be scheduled on a planned or ad-hoc basis; for public or private meetings and gatherings; formally, informally, or over lunch or dinner. All medical societies, financial advisory firms or Broker-Dealers are encouraged to submit an RFP for speaking engagements: CONTACT: Ann Miller RN MHA at MarcinkoAdvisors1738@outlook.com -OR- http://www.MarcinkoAssociates.com
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Dictionary of Health Economics and Finance
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Dictionary of Health Insurance and Managed Care
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