Discount Promissory Note for Australia

Discount Promissory Note Template for Australia

A Discount Promissory Note is a legally binding financial instrument used in Australian jurisdiction, governed primarily by the Bills of Exchange Act 1909 (Cth). It represents a written promise by one party (the maker) to pay a specified sum of money to another party (the payee) at a predetermined future date, with the distinctive feature that the note is issued at a discount to its face value. The document incorporates specific provisions regarding the discount rate, calculation method, payment terms, and any applicable security arrangements, while ensuring compliance with Australian federal and state legislation regarding negotiable instruments and financial transactions.

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What is a Discount Promissory Note?

The Discount Promissory Note is a specialized financial instrument utilized in Australian commercial transactions when parties seek to facilitate short-term financing arrangements with a built-in discount mechanism. This document type is particularly useful in situations where a business or individual needs to raise immediate funds by offering a future payment at a discount to present value. The Discount Promissory Note differs from standard promissory notes as it explicitly states both the face value and the discounted amount, with the difference representing the discount or implicit interest. It must comply with the Bills of Exchange Act 1909 (Cth) and relevant state legislation, and typically includes key elements such as payment terms, discount calculations, and any security provisions. This instrument is commonly used in trade financing, supplier payments, and other commercial transactions where parties seek to monetize future receivables at a discount.

What sections should be included in a Discount Promissory Note?

1. Promissory Note Title and Date: Clear identification of the document as a Discount Promissory Note and date of execution

2. Maker Details: Full legal name and address of the party making the promise to pay

3. Payee Details: Full legal name and address of the party to whom payment is to be made

4. Face Amount: The principal amount of the note before discount

5. Discount Rate: The specified discount rate and calculation method

6. Net Proceeds: The actual amount received after applying the discount

7. Payment Terms: Specific date or timeline when payment is due, including whether it's payable on demand or at a fixed date

8. Place of Payment: Where the payment is to be made

9. Unconditional Promise: Clear statement of unconditional promise to pay as required by law

What sections are optional to include in a Discount Promissory Note?

1. Security Provisions: Include when the note is secured by collateral or other assets

2. Default Terms: Include specific consequences of default when needed beyond standard legal remedies

3. Prepayment Terms: Include when early payment is allowed and any associated calculations or penalties

4. Transfer Rights: Include specific provisions about negotiability and transfer restrictions if needed

5. Interest on Default: Include when additional interest will be charged after default

6. Governing Law: Include when there might be cross-jurisdictional issues within Australia

7. Joint and Several Liability: Include when there are multiple makers of the note

What schedules should be included in a Discount Promissory Note?

1. Discount Calculation Schedule: Detailed breakdown of how the discount was calculated

2. Payment Schedule: If installment payments are allowed, details of payment dates and amounts

3. Security Details: If secured, detailed description of the security and related terms

4. Guarantor Information: If guaranteed, details of guarantors and guarantee terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant Industries

Banking and Financial Services

Commercial Trading

Manufacturing

Wholesale Distribution

Import/Export

Real Estate

Construction

Professional Services

Small and Medium Enterprises

Agriculture

Relevant Teams

Finance

Legal

Treasury

Accounts Payable

Credit Control

Risk Management

Commercial Operations

Corporate Secretariat

Procurement

Executive Leadership

Relevant Roles

Chief Financial Officer

Finance Manager

Treasury Manager

Financial Controller

Accounts Payable Manager

Credit Manager

Legal Counsel

Commercial Director

Business Development Manager

Risk Manager

Company Secretary

Finance Director

Managing Director

Procurement Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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