Secured Demand Promissory Note for Canada

Secured Demand Promissory Note Template for Canada

A Secured Demand Promissory Note is a legal financial instrument used in Canadian jurisdictions that combines the characteristics of a traditional promissory note with security interests in specific collateral. The document evidences a debt obligation where the borrower (Maker) promises to pay a specified sum to the lender (Payee) on demand, while providing security interests in specified assets as collateral. The document is governed by both federal legislation (Bills of Exchange Act) and provincial secured transactions laws, particularly the Personal Property Security Act (PPSA) of the relevant province. It includes detailed provisions for interest calculation, enforcement rights, and security arrangements.

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What is a Secured Demand Promissory Note?

A Secured Demand Promissory Note is commonly used in Canadian commercial lending transactions where the lender requires both immediate repayment rights and collateral security. This document type is particularly useful in situations where parties want to combine the simplicity and negotiability of a promissory note with the protection of a security interest in specific assets. The note must comply with the federal Bills of Exchange Act for negotiability and provincial Personal Property Security Act requirements for the security interests to be effective. Secured Demand Promissory Notes are frequently used in business loans, asset-based lending, and private lending arrangements where the lender wants the flexibility to demand repayment while maintaining a secured position.

What sections should be included in a Secured Demand Promissory Note?

1. Parties: Identification of the Maker (borrower/debtor) and Payee (lender/creditor) with complete legal names and addresses

2. Promise to Pay: Unconditional promise to pay a specific sum of money on demand, including the principal amount in both numbers and words

3. Interest Rate: Specification of the interest rate, calculation method, and payment frequency

4. Security Interest: Description of the collateral securing the note and creation of the security interest

5. Events of Default: Definition of events that constitute default under the note

6. Remedies: Rights and remedies of the Payee upon default, including acceleration and enforcement of security

7. Payment Terms: Details of payment method, place of payment, and currency

8. Representations and Warranties: Basic representations regarding authority, ownership of collateral, and ability to grant security interest

9. Governing Law: Specification of applicable Canadian jurisdiction

10. Signature Block: Execution section with date and signatures

What sections are optional to include in a Secured Demand Promissory Note?

1. Prepayment Rights: Include when the Maker has the right to prepay the note without penalty

2. Guaranty: Include when there is a personal or corporate guarantor of the obligation

3. Assignment: Include when there are specific restrictions or permissions regarding assignment of the note

4. Costs and Expenses: Include when the Maker is responsible for collection costs, legal fees, or other expenses

5. Notice Provisions: Include when specific notice requirements need to be detailed

6. Subordination: Include when the note needs to be subordinated to other debt

7. Tax Provisions: Include when there are specific tax considerations or gross-up provisions

What schedules should be included in a Secured Demand Promissory Note?

1. Schedule A - Collateral Description: Detailed description of the assets securing the note

2. Schedule B - Payment Schedule: Optional amortization or payment schedule if payments are to be made on specific dates

3. Schedule C - Permitted Liens: List of existing liens or encumbrances on the collateral that are permitted

4. Appendix 1 - Guaranty Agreement: If applicable, the form of guaranty to be executed by guarantors

5. Appendix 2 - Security Agreement: If security arrangements are complex, detailed security agreement 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

Canada

Publisher

Genie AI

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant Industries

Banking & Financial Services

Commercial Real Estate

Small Business

Manufacturing

Wholesale & Distribution

Professional Services

Technology

Agriculture

Construction

Private Lending

Investment Management

Asset-Based Lending

Relevant Teams

Legal

Finance

Treasury

Credit

Risk Management

Compliance

Commercial Lending

Collections

Corporate Banking

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Manager

Commercial Lending Officer

Legal Counsel

Corporate Lawyer

Compliance Officer

Risk Manager

Financial Controller

Investment Manager

Business Development Manager

Collections Manager

Loan Officer

Private Banker

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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