Simple Note Payable Agreement for Canada

Simple Note Payable Agreement Template for Canada

A Simple Note Payable Agreement is a legally binding financial instrument used in Canadian jurisdiction that documents a promise to pay a specific sum of money under defined terms. The agreement specifies the principal amount, interest rate, payment schedule, and terms of repayment between the lender and borrower. It incorporates requirements under Canadian federal legislation, including the Bills of Exchange Act and Interest Act, while also considering provincial contract law requirements. The document serves as evidence of debt and outlines the obligations and rights of all parties involved, including any security interests, default provisions, and remedies available under Canadian law.

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What is a Simple Note Payable Agreement?

The Simple Note Payable Agreement is a fundamental financial document used across various business contexts in Canada when one party needs to formally document a promise to repay a debt to another party. This agreement is commonly used for business loans, personal loans, or vendor financing arrangements. The document must comply with Canadian federal legislation, particularly the Bills of Exchange Act and Interest Act, as well as relevant provincial laws governing contracts and financial transactions. A Simple Note Payable Agreement typically includes essential elements such as the principal amount, interest rate, payment schedule, default provisions, and remedies. It can be either secured (backed by collateral) or unsecured, and may include additional provisions such as prepayment terms or guarantor obligations. This type of agreement is particularly useful for maintaining clear records of debt obligations and ensuring enforceability of repayment terms under Canadian law.

What sections should be included in a Simple Note Payable Agreement?

1. Parties: Identifies the Lender and Borrower with their full legal names and addresses

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

3. Definitions: Defines key terms used throughout the agreement including 'Principal Amount', 'Interest Rate', 'Maturity Date', etc.

4. Promise to Pay: The core obligation stating the principal amount, interest rate, and promise to repay

5. Payment Terms: Details of payment schedule, including frequency, amount, and method of payments

6. Interest Calculation: Specification of how interest is calculated and compounded

7. Representations and Warranties: Basic statements about the borrower's capacity and authority to enter into the agreement

8. Events of Default: Defines what constitutes default and consequences thereof

9. Notice: How and where formal notices between parties should be delivered

10. Governing Law: Specifies that Canadian law governs the agreement

11. Execution: Signature block and date of execution

What sections are optional to include in a Simple Note Payable Agreement?

1. Security: Include when the note is secured by collateral or guarantees

2. Prepayment Terms: Include when early payment is allowed, specifying any penalties or conditions

3. Late Payment Penalties: Include when specific late payment fees or increased interest rates apply

4. Assignment: Include when transfer rights of the note need to be specified

5. Acceleration Clause: Include when immediate payment of entire amount can be demanded under certain conditions

6. Co-Signer Provisions: Include when there is a co-signer on the note

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

What schedules should be included in a Simple Note Payable Agreement?

1. Payment Schedule: Detailed amortization table showing payment dates and amounts

2. Collateral Description: Detailed description of any assets securing the note

3. Guarantor Agreement: Terms of any third-party guarantee of the note

4. Wire Transfer Instructions: Banking details for electronic payments

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

Payment Agreement

Sector

Banking

Cost

Free to use
Relevant Industries

Financial Services

Banking

Small Business

Real Estate

Construction

Manufacturing

Retail

Professional Services

Agriculture

Technology

Relevant Teams

Finance

Legal

Treasury

Credit and Collections

Risk Management

Operations

Corporate Secretariat

Accounting

Business Development

Compliance

Relevant Roles

Chief Financial Officer

Finance Manager

Accountant

Financial Controller

Treasury Manager

Credit Manager

Legal Counsel

Corporate Lawyer

Business Development Manager

Risk Manager

Loan Officer

Collections Manager

Small Business Owner

Operations Manager

Company Secretary

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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