Interest Only Promissory Note for Australia

Interest Only Promissory Note Template for Australia

A legally binding financial instrument governed by Australian law that documents a loan arrangement where the borrower agrees to pay only interest during the term of the loan, with the principal amount due at maturity. The document incorporates essential elements required under Australian financial regulations, including the Bills of Exchange Act 1909 and relevant consumer protection legislation. It details the principal amount, interest rate, payment schedule, default provisions, and remedies available to the lender, while ensuring compliance with Australian banking and securities laws.

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What is a Interest Only Promissory Note?

An Interest Only Promissory Note is a specialized financial instrument used in Australian lending arrangements where parties wish to structure a loan with interest-only payments during the term. This document is particularly useful for situations where borrowers require capital but prefer to defer principal repayment, such as property development, business expansion, or investment purposes. The note must comply with Australian federal and state legislation, including the Bills of Exchange Act 1909 and relevant consumer protection laws. It typically includes detailed terms regarding the principal amount, interest calculations, payment schedules, default provisions, and enforcement mechanisms. This type of promissory note is commonly used in commercial lending, property development, and investment scenarios where cash flow management is a priority.

What sections should be included in a Interest Only Promissory Note?

1. Parties: Identification of the Lender (Payee) and Borrower (Maker) with full legal names and addresses

2. Background: Brief context of the loan arrangement and acknowledgment of receipt of funds

3. Definitions: Key terms used in the note including 'Interest Rate', 'Maturity Date', 'Principal Sum', 'Interest Only Period'

4. Promise to Pay: Clear statement of the promise to pay the principal sum and interest

5. Principal Amount: Specification of the loan amount in numbers and words

6. Interest Rate and Calculations: Interest rate, calculation method, and payment frequency

7. Payment Terms: Details of interest-only payments and principal repayment at maturity

8. Event of Default: Conditions constituting default and consequences

9. Remedies: Lender's rights and remedies upon default

10. Governing Law: Specification of Australian law as governing law

11. Execution: Signature blocks and execution requirements

What sections are optional to include in a Interest Only Promissory Note?

1. Security: Details of any collateral or security interests - include when the note is secured

2. Guarantor Provisions: Terms relating to guarantors - include when there are third-party guarantors

3. Prepayment Terms: Conditions for early repayment - include if early repayment is allowed

4. Late Payment Charges: Additional fees for late payments - include if applicable

5. Assignment: Terms for transferring the note - include if the note is intended to be negotiable

6. Notices: Communication requirements - include for more formal arrangements

7. Costs and Expenses: Allocation of legal and enforcement costs - include for larger loans

What schedules should be included in a Interest Only Promissory Note?

1. Payment Schedule: Detailed schedule of interest payment dates and amounts

2. Interest Calculation Methods: Detailed explanation of interest calculations and examples

3. Security Details: Description of security or collateral (if applicable)

4. Guarantor Details: Information about guarantors and their obligations (if applicable)

5. Compliance Certificate: Template for periodic compliance certification (if required)

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

Financial Services

Banking

Real Estate

Commercial Property

Construction

Small Business

Private Lending

Investment

Professional Services

Agricultural

Relevant Teams

Legal

Finance

Credit

Risk Management

Compliance

Treasury

Loan Operations

Commercial Lending

Corporate Banking

Investment

Business Development

Relevant Roles

Finance Manager

Legal Counsel

Credit Manager

Commercial Loan Officer

Investment Manager

Property Developer

Business Development Manager

Risk Manager

Compliance Officer

Treasury Manager

Financial Controller

Chief Financial Officer

Corporate Lawyer

Banking Executive

Loan Administrator

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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