Demand Promissory Note Template for Germany

A Demand Promissory Note under German law (Eigenwechsel/Solawechsel) is a written, unconditional promise by one party (the maker) to pay a specified sum of money to another party (the payee) upon demand. Governed by the German Bill of Exchange and Promissory Notes Act (Wechselgesetz), this instrument serves as a legally binding commitment that can be enforced through expedited legal proceedings. The document must contain specific statutory elements to be valid, including the sum payable, parties' details, and an unconditional promise to pay, making it a powerful tool for securing financial obligations in various commercial and private transactions.

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What is a Demand Promissory Note?

The Demand Promissory Note (Eigenwechsel) is a fundamental financial instrument in German commercial and private lending practices. It is particularly useful when parties need a straightforward, legally enforceable document evidencing a debt obligation that can be called upon at any time. Governed by the Wechselgesetz and related German commercial laws, this instrument provides creditors with enhanced enforcement options through expedited court procedures. The document's key strength lies in its simplicity and strict formal requirements, which, when met, create an incontestable obligation to pay. It's commonly used in business financing, inter-company loans, personal lending, and as security for larger transactions, offering flexibility while maintaining legal certainty under German law.

What sections should be included in a Demand Promissory Note?

1. Document Title: Clear identification as a 'Demand Promissory Note' (Eigenwechsel/Solawechsel)

2. Promise to Pay: Unconditional promise to pay a specific sum of money

3. Payment Amount: The sum to be paid, expressed both in numbers and words

4. Payee Details: Full name and address of the person or entity to whom payment is to be made

5. Maker Details: Full name and address of the person or entity making the promise to pay

6. Date and Place of Issue: The date when and place where the note is issued

7. Payment Terms: Specification that the note is payable on demand

8. Signature Block: Space for maker's signature and date of signing

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

1. Interest Provision: Optional clause specifying any interest payable (if applicable)

2. Place of Payment: Specific location where payment should be made, if different from payee's address

3. Reference Number: Optional identification or reference number for tracking purposes

4. Witness Section: Space for witness signatures if additional verification is desired

5. Stamp Duty Declaration: Statement regarding stamp duty if required in the jurisdiction

What schedules should be included in a Demand Promissory Note?

1. Payment Schedule: If the note includes installment payments, a schedule detailing payment dates and amounts (though uncommon for demand notes)

2. Security Details: If the note is secured, details of the security or collateral provided

3. Guarantee Agreement: If applicable, details of any guarantee or third-party support

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Promissory Note

Sector

Banking

Cost

Free to use

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