Forgivable Loan Promissory Note for Canada

Forgivable Loan Promissory Note Template for Canada

A Forgivable Loan Promissory Note is a legally binding financial instrument used in Canadian jurisdictions that combines elements of a traditional promissory note with specific conditions for loan forgiveness. The document outlines the terms of a loan agreement where all or part of the principal amount may be forgiven if certain predetermined conditions are met. It includes detailed provisions for the loan amount, interest terms, repayment schedule, specific forgiveness conditions, and the process for loan forgiveness. The document also addresses tax implications of loan forgiveness under Canadian tax law and includes provisions for default, acceleration, and remedies in accordance with applicable provincial and federal regulations.

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What is a Forgivable Loan Promissory Note?

The Forgivable Loan Promissory Note is primarily used in Canadian business and employment contexts where organizations wish to provide financial assistance with an incentive structure built in through loan forgiveness. Common applications include employee retention programs, business development initiatives, and economic development projects. The document serves as both a loan agreement and a motivational tool, as the borrower can have the loan forgiven by meeting specific conditions such as continued employment, achievement of business milestones, or fulfillment of economic development goals. The note must comply with Canadian federal regulations, including the Interest Act and Income Tax Act, as well as relevant provincial laws governing contracts and secured transactions. It typically includes comprehensive terms regarding the loan amount, forgiveness conditions, repayment terms, default provisions, and tax implications of forgiveness.

What sections should be included in a Forgivable Loan Promissory Note?

1. Parties: Identification of the lender and borrower with their complete legal names and addresses

2. Background: Context of the loan arrangement and purpose of the forgivable loan

3. Definitions: Key terms used throughout the document including 'Forgiveness Conditions', 'Principal Amount', 'Interest Rate', etc.

4. Loan Amount and Terms: Statement of the principal amount, interest rate (if any), and term of the loan

5. Promise to Pay: The borrower's unconditional promise to pay the loan amount according to the specified terms

6. Forgiveness Conditions: Detailed conditions under which the loan may be forgiven, including timing and requirements

7. Repayment Terms: Schedule and method of repayment, including payment amounts and due dates

8. Default Provisions: Events constituting default and consequences of default

9. Tax Implications: Acknowledgment of potential tax consequences of loan forgiveness

10. Governing Law: Specification of applicable Canadian jurisdiction

11. Signatures: Execution blocks for all parties

What sections are optional to include in a Forgivable Loan Promissory Note?

1. Security Interest: Include when the loan is secured by specific assets or collateral

2. Guarantor Provisions: Include when there is a third-party guarantor for the loan

3. Insurance Requirements: Include when the borrower must maintain specific insurance coverage

4. Prepayment Terms: Include when early repayment is allowed or restricted

5. Assignment and Transfer: Include when the note may be assigned or transferred to other parties

6. Acceleration Clause: Include when immediate repayment can be demanded under specific circumstances

7. Reporting Requirements: Include when borrower must provide periodic financial or performance reports

8. Amendment Provisions: Include when flexibility for future modifications is needed

What schedules should be included in a Forgivable Loan Promissory Note?

1. Schedule A - Payment Schedule: Detailed breakdown of payment amounts and due dates

2. Schedule B - Forgiveness Milestones: Specific metrics or conditions that trigger partial or full loan forgiveness

3. Schedule C - Secured Assets: Description of any assets securing the loan (if applicable)

4. Appendix 1 - Compliance Certificate: Template for periodic certification of compliance with forgiveness conditions

5. Appendix 2 - Notice of Forgiveness: Template for formal notification of loan forgiveness

6. Appendix 3 - Tax Documentation: Required tax forms and documentation related to loan forgiveness

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

Canada

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Professional Services

Healthcare

Technology

Manufacturing

Education

Real Estate

Economic Development

Non-Profit

Government

Small Business

Retail

Relevant Teams

Legal

Finance

Human Resources

Treasury

Compliance

Risk Management

Corporate Secretariat

Business Development

Operations

Payroll

Administrative

Relevant Roles

Chief Financial Officer

Finance Director

Human Resources Director

Legal Counsel

Corporate Lawyer

Financial Controller

Compliance Officer

Treasury Manager

Business Development Manager

HR Manager

Payroll Manager

Economic Development Officer

Risk Manager

Company Secretary

Operations Director

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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