A. No (i) corporation, (ii) partnership that is required to file a certificate pursuant to Chapter 2.1 (§ 50-73.1 et seq.) of Title 50 or was required to file a certificate pursuant to former Chapter 2 (§ 50-44 et seq.) or Chapter 3 (§ 50-74 et seq.) of Title 50 or that is formed under laws other than those of the Commonwealth, (iii) limited liability company, (iv) business trust, or (v) joint venture organized for the purpose of holding, developing, and managing real estate for profit, shall, by way of defense or otherwise, avail itself of any of the provisions of this chapter or any other statutory or case law relating to usury or compounding of interest to avoid or defeat the payment of any interest or any other sum that it has contracted to pay.
B. Nothing contained in this chapter or any other statutory or case law relating to usury or compounding of interest shall be construed to prevent the recovery of interest or any other sum that an entity described in subsection A has contracted to pay, regardless of whether it is more than the contract rate of interest and the fact appears on the face of the contract.
1987, c. 622, § 6.1-330.76; 1988, c. 765; 1993, c. 113; 2010, c. 794.
Structure Code of Virginia
Title 6.2 - Financial Institutions and Services
Chapter 3 - Interest and Usury
§ 6.2-301. Legal rate of interest; when legal rate implied
§ 6.2-302. Judgment rate of interest
§ 6.2-303. Contracts for more than legal rate of interest
§ 6.2-304. Plea of usury; judgment
§ 6.2-306. Waiver of rights violative of public policy
§ 6.2-307. Assertion of defenses or claims by borrowers; effect of assignment
§ 6.2-308. Entities not permitted to plead usury
§ 6.2-309. Charges by banks and savings institutions on installment loans
§ 6.2-310. Rate of interest chargeable by state banks and savings institutions
§ 6.2-311. Closed-end installment loans by sellers of goods or services
§ 6.2-312. Open-end credit plans
§ 6.2-313. Open-end credit extended by banks or savings institutions
§ 6.2-316. Loans of $5,000 or more made by certain financial institutions
§ 6.2-317. Loans of $5,000 or more for business or investment purposes
§ 6.2-318. Loans by credit unions
§ 6.2-319. Loans by pension plans to participants
§ 6.2-320. Loans by industrial loan associations
§ 6.2-321. Loans pursuant to stock option financing programs
§ 6.2-322. Extensions of credit on pledged securities
§ 6.2-323. Educational loans by banks or savings institutions
§ 6.2-324. Educational loans by private institution of higher education
§ 6.2-325. Certain loans secured by first deed of trust or mortgage
§ 6.2-326. Fees and charges in connection with loans by real estate lenders
§ 6.2-327. Certain loans secured by a subordinate deed of trust or mortgage
§ 6.2-328. Charges allowed on loan secured by subordinate mortgage
§ 6.2-329. Loans insured or guaranteed by certain governmental agencies